HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/15/2020 - SECOND READING OF ORDINANCE NO. 158, 2020 AMENDING Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY December 15, 2020
City Council
STAFF
Cameron Gloss, Planning Manager
Claire Havelda, Legal
SUBJECT
Second Reading of Ordinance No. 158, 2020 Amending the Zoning Map of the City of Fort Collins by
Changing the Zoning Classification for that Certain Property Known as the Harmony Village Mobile Home Park
Rezoning.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in
accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019 -064.
This Ordinance, unanimously adopted on First Reading, amends the City’s Zoning Map to change the zoning
designation for the Harmony Village Manufactured Housing Community (MHC), one of six properties
containing manufactured housing communities proposed to be rezoned to the Manufactured Housing (M -H)
zone district to support manufactured housing preservation. This rezoning request has been initiated by the
City of Fort Collins.
The Harmony Village MHC is located at 2500 East Harmony Road and the zoning is proposed to change from
the Low Density Mixed-Use Neighborhood (LMN) zone district to the Manufactured Housing (M-H) zone
district.
The rezoning request is subject to the criteria in Section 2.9.4 of the Land Use Code. The rezoning may be
approved, approved with conditions, or denied by Council after receiving a recommendation from the Planning
and Zoning Board, which voted 5-1 at their November 5, 2020 hearing to recommend approval.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, December 1, 2020 (w/o attachments) (PDF)
2. Ordinance No. 158, 2020 (PDF)
Agenda Item 22
Item # 22 Page 1
AGENDA ITEM SUMMARY December 1, 2020
City Council
STAFF
Cameron Gloss, Planning Manager
Claire Havelda, Legal
SUBJECT
Public Hearing and First Reading of Ordinance No. 158, 2020 Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property Known as the Harmony Village Mobile
Home Park Rezoning.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda, it will be considered in
accordance with Section 1(f) of the Council’s Rules of Meeting Procedures adopted in Resolution 2019-064.
The purpose of this item is to amend the City’s Zoning Map to change the zoning designation for the Harmony
Village Manufactured Housing Community (MHC), one of six properties containing manufactured housing
communities proposed to be rezoned to the Manufactured Housing (M-H) zone district to support manufactured
housing preservation. This rezoning request has been initiated by the City of Fort Collins.
The Harmony Village MHC is located at 2500 East Harmony Road and the zoning is proposed to change from
the Low Density Mixed-Use Neighborhood (LMN) zone district to the Manufactured Housing (M-H) zone district.
The rezoning request is subject to the criteria in Section 2.9.4 of the Land Use Code. The rezoning may be
approved, approved with conditions, or denied by Council after receiving a recommendation from the Planning
and Zoning Board, which voted 5-1 at their November 5, 2020 hearing to recommend approval.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Purpose and Intent
The purpose of this City-initiated rezoning request is to advance City policies and goals to preserve manufactured
housing communities and prevent the displacement of residents. City Plan, the City’s comprehensive plan, and
the Strategic Plan identify policies and priorities to preserve manufactured housing. This proposed property
rezoning supports these policy goals and is part of a series of local and state efforts and legislative changes
aimed to address common manufactured housing issues and enhance resident protections.
Manufactured Housing Preservation
Manufactured housing provides an affordable and unique type of housing in Fort Collins, with many lot and unit
rents equivalent to or less than some of the most affordable and deed-restricted housing units in Fort Collins.
While unique and affordable, manufactured housing is also a limited type of housing, and the number of units
has been shrinking as manufactured housing communities close and/or redevelop. Over the past twenty years,
ATTACHMENT 1
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five manufactured housing communities have closed in Fort Collins, primarily due to redevelopment, resulting in
the loss of hundreds of units and often displacing residents who have limited options finding similarly priced
housing in the region.
While many residents in manufactured housing communities may own their own homes, they lease or rent land
from a property owner. This dual-asset ownership can create difficult situations for residents when a
manufactured housing community closes. Many manufactured homes are unable to be moved due to age,
condition, lack of available manufactured housing lots elsewhere in the community, or the financial cost of moving
the structure. Many residents in manufactured housing communities are often forced to abandon their home,
one of their largest financial assets.
During the recent update to City Plan in 2018/2019, residents of manufactured housing communities shared
comments they fear their parks and communities may close or redevelop and force them to move, losing social
connections and being unable to find similarly priced housing elsewhere in the community.
In August 2020, Council adopted a series of Land Use Code changes to create a new Manufactured Housing
(M-H) zone district (Attachment 3 and 4) to promote manufactured housing preservation. A key feature of the
M-H district is a more limited set of permitted land uses. A change in zoning to the M-H district is designed to
promote and encourage the ongoing operation of existing manufactured housing communities by limiting
opportunities to redevelop the site.
While a change in zoning to the M-H district does not guarantee a manufactured housing community will not
close for reasons other than redevelopment, it provides an important policy and regulatory signal that
manufactured housing is valued and supported in Fort Collins and encourages the ongoing operation of these
communities.
Overview of Main Considerations
Property rezonings and amendments to the zoning map are governed by Division 2.9 of the Land Use Code and
include specific criteria for rezonings of land less than 640 acres in size (quasi-judicial rezonings). Quasi-judicial
rezoning requests shall be recommended by the Planning and Zoning Board and approved by Council only if
the proposal is
1) Consistent with the City’s comprehensive plan and/or;
2) Warranted by changed conditions within the neighborhood surrounding and including the subject property.
In addition, the Planning and Zoning Board and Council can also consider additional criteria including:
3) Whether and the extent to which the proposed amendment is compatible with existing and proposed uses
surrounding the subject land and is the appropriate zone district for the land;
4) Whether and the extent to which the proposed amendment would result in significantly adverse impacts on
the natural environment, including, but not limited to, water, air, noise, stormwater management, wildlife,
vegetation, wetlands and the natural functioning of the environment;
5) Whether and the extent to which the proposed amendment would result in a logical and orderly development
pattern.
While the goal of many rezoning requests is typically to facilitate new development, this rezoning proposal
seeks to change zoning designations to encourage the ongoing operation of existing development. An analysis
of the rezoning proposal below finds consistent support between the proposed rezoning and policy goals in the
comprehensive plan.
While many of the properties proposed for rezoning to the M-H district were once part of the City’s two prior
mobile home park zone districts up until 1997, the balance between community priorities to protect an
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important source of affordable housing and property owner rights has been a consistent theme heard during
the public process for both the development of the new M-H district and this proposed rezoning.
Planning Background & Context
Information on the annexation and zoning history for the Harmony Village MHC property, as well as its
adjacent development context is summarized below:
Manufactured Housing Community: Harmony Village
Annexation Prior Zoning Designations Adjacent Zoning & Development
Harmony Third
Annexation, 1977
Medium Density Mobile
Home
Low Density Mixed-Use
Neighborhood (current)
[North] - RL; single family detached [East] - HC;
retail, multifamily [South] - HC; retail, office,
restaurant [West] - HC & RL; retail, single family
detached
Compliance with Land Use Code Rezoning Criteria
Criterion 1: Consistency of the proposed rezoning with the City’s Comprehensive Plan (City Plan)
City staff has evaluated the proposed changes for consistency with the comprehensive plan based on City
Plan policy guidance and land use direction provided by the Structure Plan map.
City Plan Policies
Housing affordability and attainability is a top community issue which was reflected in the recent City Plan update
through a number of new policy goals to encourage a greater mix of housing types, protect and develop new
types of attainable and affordable housing options, and to prevent the displacement of manufactured housing
residents. The preservation of manufactured housing communities, including the development of the new
Manufactured Housing zone district and the proposed rezoning of properties containing manufactured housing
directly support the following City Plan policies:
LIV 5.2 - Supply of Attainable Housing
Encourage public and private sectors to maintain and develop a diverse range of housing options,
including housing that is attainable (30% or less of monthly income) to residents earning the median
income. Options could include ADUs, duplexes, townhomes, mobile homes, manufactured housing and
other “missing middle” housing types.
Manufactured housing represents one of the most affordable types of housing in Fort Collins,
comparable to subsidized and deed-restricted housing for those earning between 30-60% area median
income. As a naturally-occurring source of affordable housing, manufactured housing communities in
the City limits and Growth Management Area represent a comparable number of dwelling units to Fort
Collins’ entire deed-restricted affordable housing stock. Preserving manufactured housing helps protect
and maintain an important supply of affordable housing in Fort Collins.
In addition to its affordability, manufactured housing is a unique and limited type of housing that has
been in decline over the past several decades due to community closures and redevelopment. The goal
of preservation through rezoning to the M-H district is designed to protect and promote the ongoing
operation of this limited housing resource which has proven to be difficult to expand via new
manufactured housing development.
LIV 5.5 - Integrate and Distribute Affordable Housing
Integrate the distribution of affordable housing as part of individual neighborhoods and the larger
community.
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Manufactured housing communities can currently be found throughout the City and Growth Management
Area, providing options for this type of housing close to t jobs, services, and transportation opportunities
located throughout the community. Goals to preserve manufactured housing by rezoning to the M-H
district support City Plan policies to preserve affordable housing throughout the City. The closure of a
few parks, particularly in the southern portion of the community, would concentrate this limited type of
housing primarily in the northern half of Fort Collins.
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.
The preservation of manufactured housing through rezoning represents a similar effect to the regulatory
changes envisioned by City Plan for the City’s subsidized and deed-restricted affordable housing. While
most units in manufactured housing communities are private and not publicly subsidized, they have
consistently provided an important source of housing at similar pricing levels. While rezoning does not
guarantee affordability alone, it promotes the long-term operation of these communities and reduces the
likelihood of redevelopment and the loss of some of the community’s most affordable housing options.
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.
Many of the community’s manufactured housing communities are located adjacent to commercial areas,
or along corridors with existing or planned transit service which are encouraged to redevelop and at
higher intensities. Rezoning properties containing manufactured housing to the M-H district provides an
important regulatory and policy signal that manufactured housing is encouraged and its continued
operation is desired amongst areas anticipated to experience (re)development changes in the future.
This policy signal may also bolster the efforts of residents, local organizations, and the City to support
and reinvest in these communities, including the potential for future acquisition of the underlying property
by residents through a resident-owned community (ROC) if a property owner sells a property in the
future.
Structure Plan Land Use Guidance
The Structure Plan map provides a framework for development in Fort Collins and provides guidance for land-
use decisions. As detailed in the Structure Plan in City Plan:
The Structure Plan Map serves as a blueprint for the desired future development pattern of the
community, setting forth a basic framework for future land use and transportation decisions. Upon
annexation or a request for rezoning, the Structure Plan map and City Plan principles and policies
provide guidance for decision-makers to identify specific zoning boundaries and zone districts during the
development review process.
The Structure Plan is an illustrated map made up of broad categories called ‘place types,’ which provide general
characteristics for development patterns that can be used to determine more specific zoning classifications and
boundaries. Place types typically describe principal and supporting land uses, density ranges, and the presence
of certain types of services. Place types may often correspond to or overlap multiple zone districts.
The Harmony Village MHC is located in the ‘Mixed Neighborhood’ place type on the Structure Plan. (Attachment
5)
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Mixed Neighborhood
The Mixed Neighborhood place type is one of the predominant residential place types illustrated on the Structure
Plan and is commonly found in areas of the community with a mix of housing types at low to moderate intensity.
Its location on the Structure Plan commonly overlaps with the Low-Density Mixed-Use Neighborhood (“LMN”)
and Medium Density Mixed-Use Neighborhood zone districts.
The Mixed Neighborhood place type indicates a general intensity range of between 5 and 20 units per acre which
supports its designation for a wide range of housing types, including different attached and multifamily products.
The Structure Plan also makes a distinction within the place type for existing development and new or future
neighborhoods planned for vacant and undeveloped land.
The proposed rezoning to the M-H district is consistent with the land use types and density ranges of the Mixed
Neighborhood place type. The M-H district is primarily residential and encourages manufactured housing as the
primary land use within a density range of 6-to-12 units per acre. Both the types of permitted uses and the density
range of the M-H district are within the characteristics described by the Mixed Neighborhood’s place type.
The Mixed Neighborhood also specifically references manufactured housing within existing neighborhoods,
indicating, “while reinvestment in existing mobile home parks is encouraged, redevelopment of existing parks is
not.” The M-H district is designed to discourage redevelopment and further addresses the Mixed Neighborhood
place type description.
City Plan describes place both the generalized nature of place type designations for broad areas of the
community and flexibility in the boundaries of place types when considering changes to zoning:
Future zone changes should generally adhere to the place-type boundaries depicted on the Structure
Plan, but flexibility in interpretation of the boundary may be granted provided the proposed change is
consistent with the principles, goals and policies contained in this Plan. Density ranges outlined for each
place-type category are based on gross acreage and are intended to address overall densities for a
particular area rather than for individual parcels.
Summary - City Plan Guidance
The rezoning of properties containing manufactured housing communities helps preserve naturally occurring
affordable housing, protects a limited and unique type of housing, and seeks to prevent the displacement of
residents, all policy goals supported by City Plan.
This proposed M-H rezoning is also consistent with the Mixed Neighborhood place type designation for this
property on the Structure Plan Map. The Mixed Neighborhood place type describes residential land uses,
including manufactured housing, of 5-20 units per acre which is consistent with the M-H district. This place type
also specifically encourages reinvestment but not redevelopment of manufactured housing communities, which
is the primary goal of the M-H district.
Criterion 2: and/or Warranted by changed conditions within the neighborhood surrounding and including the
subject property.
Staff is recommending the proposed change in zoning based primarily on consistency with the comprehensive
plan, rather than specific changes which have occurred in the neighborhood surrounding this property. The
majority of properties containing manufactured housing and proposed for rezoning to the M-H district are located
in established neighborhoods that have experienced limited recent neighborhood changes.
Criterion 3: Whether and the extent to which the proposed amendment is compatible with existing and proposed
uses surrounding the subject land and is the appropriate zone district for the land.
Properties containing manufactured housing communities are primarily surrounded by residential development.
Several properties also abut commercial development and retail centers. Most MHCs were constructed between
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the 1960s and 1980s and existing development patterns have already been established and compatibility is less
of a concern given the goals of preserving their existing uses rather than anticipating new (re)development.
Given the location of most MHCs, they function in a similar capacity to attached and multifamily housing being
located adjacent to single family development or acting as a buffer or transition in intensity to adjacent
commercial development. The M-H district also provides similar compatibility measures as surrounding
residential development by limiting building height, the size of any non-commercial structures, and matching
other residential building setbacks. The Harmony Village MHC is surrounded by similar other residential
development, primarily single-family dwellings to the north and west, and higher intensity commercial/retail
development to the south and east.
Criterion 4: Whether and the extent to which the proposed amendment would result in significantly adverse
impacts on the natural environment.
M-H rezoning is not anticipated to result in additional negative or positive impacts on the natural environment,
as it seeks to preserve existing development. To the extent redevelopment of a property could positively benefit
the natural environment through the application of more recent Land Use Code standards (habitat buffers,
mitigation measures, etc.) the rezoning may have some long-term impacts from a reduction in their
redevelopment potential.
Criterion 5: Whether and the extent to which the proposed amendment would result in a logical and orderly
development pattern.
The proposed rezoning is not anticipated to result in changes to development patterns in its immediate context
given the existing development that is already in place. Within the subject property to be rezoned M-H,
development predates many of the individual standards of the Land Use Code for orderly development (e.g.
street connectivity and spacing requirements); however, the properties fulfill other growth framework and logical
development goals, including providing for a variety of housing options and prices in the community that would
otherwise result in additional demand for regional commuting and a decrease in the City’s housing opportunities
and social connectivity.
BOARD / COMMISSION RECOMMENDATION
At its November 5, 2020, Planning and Zoning Board meeting, the Board considered all six manufactured
housing property rezonings collectively and recommended that Council approve all of the rezonings on a 5-1
vote. Draft minutes from Planning and Zoning Board hearing are still being compiled and will be forwarded to
Council in a read-before memo as soon as they are available.
Board member discussion focused on the goals of the proposal to help preserve a limited and affordable type of
housing in the community while recognizing some of the tradeoffs of a change to a more restrictive zoning and
some of the impacts it may have on properties where site conditions do not meet current development standards.
There was also board discussion about impacts to property owners and a rezoning being imposed by the City
rather than initiated by a property owner directly.
PUBLIC OUTREACH
Two neighborhood meetings were held to discuss the proposed rezonings on September 2, 2020, and
September 12, 2020, as well as a virtual meeting with the Mi Voz residents’ group on September 9, 2020. Due
to current pandemic conditions, all meetings were held in a remote format with online and telephone participation.
Attendance included City staff, residents, and several property owners. (Attachment 6)
A special OurCity webpage was created with information and resources on the proposed rezonings and the
rezoning proposal has been posted on the City’s Development Review webpage. The proposal has also
complied with notice requirements in Land Use Code Section, including special development review signs posted
on each property, notices sent in English and Spanish to 4,600 nearby residents and property owners, and
written notice in the Coloradoan.
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Staff has also been in direct email and phone communication with a majority of owners of property subject to the
rezoning this summer and fall regarding the amendments to the Land Use Code creating the M-H zone district
and this proposed rezoning in addition to mailed notices required by the Land Use Code. (Attachment 7)
A number of public letters and comments were received for the proposal prior to the Planning and Zoning Board
Hearing. (Attachment 8)
ATTACHMENTS
1. Rezoning Petition (PDF)
2. Vicinity & Zoning Context Map (PDF)
3. Manufactured Housing Zone District Overview (PDF)
4. Manufactured Housing Zone District Land Use Code Ordinance (PDF)
5. Structure Plan Context Map (PDF)
6. Neighborhood Meetings Summary (PDF)
7. Property Owners Outreach (PDF)
8. Planning & Zoning Board Public Comments (PDF)
9. Powerpoint Presentation (PDF)
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ORDINANCE NO. 158, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE
CITY OF FORT COLLINS BY CHANGING THE ZONING
CLASSIFICATION FOR THAT CERTAIN PROPERTY KNOWN
AS THE HARMONY VILLAGE MOBILE HOME PARK REZONING
WHEREAS, Division 1.3 of the Fort Collins Land Use Code (the “Land Use Code”) establishes the Zoning
Map and Zone Districts of the City; and
WHEREAS, Division 2.9 of the Land Use Code establishes procedures and criteria for reviewing the
rezoning of land; and
WHEREAS, City Council seeks to preserve and support existing manufactured housing communities in Fort
Collins such as the Harmony Village Mobile Home Park (“Harmony Village”); and
WHEREAS, in accordance with the foregoing, the City Council has conducted a public hearing, considered
the Staff Report, the Planning and Zoning Board recommendation and the findings, and the evidence from the public
hearing and has determined that the property that is the subject of this Ordinance should be rezoned as hereinafter
provided; and
WHEREAS, the City Council has further determined that the proposed rezoning is consistent with the City's
Comprehensive Plan as required by Section 2.9.4(H)(2) of the Land Use Code; and
WHEREAS, to the extent applicable, the City Council has also analyzed the proposed rezoning against the
considerations established in Section 2.9.4(H)(3) of the Land Use Code and determined that the proposed M-H zoning
(a) is compatible with existing and proposed uses surrounding the subject property and is an appropriate zone district
for the property; (b) is not anticipated to significantly impact the natural environment; and (c) represents a logical and
orderly development pattern.
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 the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby amended by
changing the zoning classification from Low Density Mixed Use (“LMN”) Zone District, to the newly created
Manufactured Housing Community (“M-H”) Zone District, for the following described property in the City known as
the Harmony Village:
A TRACT OF LAND LOCATED IN 1/2 OF THE SOUTHWEST QUARTER OF SECTION 32,
TOWNSHIP 7, RANGE 68 WEST CONTAINING 80 ACRES MORE OR LESS; LESS THOSE PARCELS
DESCRIBED IN DOCUMENTS RECORDED AT RECEPTION NOS. 20040123055. 20040121627 and
20070017402
Section 3. That the property known as the Harmony Village shall be included in the Residential Sign
District adopted pursuant to Section 3.8.7.1(M) of the Land Use Code; and Section 3.8.7.1(M) is hereby changed and
amended to include the above-described property.
Section 4. The City Manager is hereby authorized and directed to amend said Zoning Map in
accordance with this Ordinance.
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Introduced, considered favorably on first reading, and ordered published this 1st day of December, A.D.
2020, and to be presented for final passage on the 15th day of December, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 15th day of December, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk