HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/15/2020 - SECOND READING OF ORDINANCE NO. 156, 2020 AMENDING (2) Agenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY December 15, 2020
City Council
STAFF
Cameron Gloss, Planning Manager
Claire Havelda, Legal
SUBJECT
Second Reading of Ordinance No. 156, 2020 Amending the Zoning Map of the City of Fort Collins by
Changing the Zoning Classification for that Certain Property known as the Northstar Manufactured Housing
Community 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 on December 1, 2020, amends the City’s Zoning Map
to change the zoning designation for the North Star 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.
North Star MHC is located at 1700 Laporte Avenue and the zoning is proposed to change from the Low
Density Mixed-Use Neighborhood (LMN) zone district to a combination of the Manufactured Housing (MH)
zone district and the Low Density Mixed-Use Neighborhood 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 Pla nning
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.
ATTACHMENTS
1. First Reading Agenda Item Summary, December 1, 2020 (w/o attac hments) (PDF)
2. Ordinance No. 156, 2020 (PDF)
Agenda Item 20
Item # 20 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. 156, 2020 Amending the Zoning Map of the City of Fort
Collins by Changing the Zoning Classification for that Certain Property known as the Northstar Manufactured
Housing Community 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 North Star
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.
North Star MHC is located at 1700 Laporte Avenue and the zoning is proposed to change from the Low Density
Mixed-Use Neighborhood (LMN) zone district to a combination of the Manufactured Housing (MH) zone district
and the Low Density Mixed-Use Neighborhood 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.
ATTACHMENT 1
Agenda Item 20
Item # 20 Page 2
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,
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
Agenda Item 20
Item # 20 Page 3
rezoning proposal below finds consistent support between the proposed rezoning and policy goals in the
comprehensive plan; however, it is also important to note a change to the M-H district for these properties
impacts each site’s future redevelopment potential.
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
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 North Star MHC property, as well as its adjacent
development context is summarized below:
Manufactured Housing Community: North Star
Annexation Prior Zoning Designations Adjacent Zoning & Development
Radio City Annexation,
1957
§ “D” Commercial § Medium
Density Mobile Home §
Limited Business &
Neighborhood Conservation
Low Density § Transition &
Low Density Mixed-Use
Neighborhood § Low Density
Mixed-Use Neighborhood
(current)
[North] - T (City) and Industrial (Larimer County);
vacant [East] - NCL; single family detached
[South] - NCL; single family detached [West] - CL
& T; commercial uses, brewpub
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
Agenda Item 20
Item # 20 Page 4
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.
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
Agenda Item 20
Item # 20 Page 5
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 North Star is located in the ‘Suburban Neighborhood’ place type on the Structure Plan. (Attachment 5)
Mixed Neighborhood / Suburban Neighborhood
The Suburban Neighborhood place type commonly overlaps with zone districts that are lower intensity or are
more limiting in the types of residential land uses permitted, such as the Low Density Residential or
Neighborhood Conservation Low Density zone districts. The Suburban Neighborhood place type is described in
City Plan as areas where existing development is comprised primarily of single family detached dwellings at low
to moderate density (two to five units per acre).
Staff is recommending the frontage of the North Star property remain as Low Density Mixed-Use Neighborhood
Zoning while rezoning the rear portion of the property to the MH district, as depicted in Exhibit A below.
Agenda Item 20
Item # 20 Page 6
Exhibit A – North Star Rezoning Map
The North Star property is unique from the other proposed rezonings as it contains several existing commercial
land uses along Laporte Avenue in front of the manufactured housing community. The property has often
functioned as a transition point between more consistent low and moderate residential development to the east,
and commercial and mixed-use development to the west. It sits upon the edge of both the Northwest Subarea
Plan and the Old Town Neighborhoods plan boundary and has a previous history of both commercial, residential,
or split residential/commercial zoning.
While included as part of the Suburban Neighborhood place type on the Structure Plan due to the broader area
of lower density single family housing development to the east, the site’s particular development also shares
characteristics with the Mixed Neighborhood place type due to its much higher density (approximately 12
dwelling units per acre) and its commercial land uses along Laporte Avenue.
City Plan describes 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.
The recommended split zoning designation of the property not only supports City Plan policies and goals to
support the preservation of manufactured housing and an important source of naturally occurring affordable
housing, but it also supports neighborhood serving commercial uses, another policy goal of City Plan:
Agenda Item 20
Item # 20 Page 7
LIV 4.3 - Neighborhood Services and Amenities
Encourage the addition of new services, conveniences and/or gathering places in existing
neighborhoods that lack such facilities, provided they meet applicable performance and design
standards. Consider additional tools such as a conditional-use permit process and expanding home
occupation provisions.
In addition to policies, the Suburban Neighborhood place type characteristics describe neighborhood centers
serving as focal points for adjacent residential development and providing nearby amenities and services. The
split in zoning designation (LMN & MH) helps fulfill these policy objectives to preserve an existing source of
naturally occurring affordable housing and promote the viability and potential for change and evolution of
neighborhood services along the Laporte Avenue frontage for adjacent residential development. Although the
commercial frontage along Laporte predates the concept of a Neighborhood Center under LMN zoning, the City
has previously identified and classified it as a neighborhood center because it operates in a similar fashion to a
neighborhood center that would be developed under new LMN-style development. (Attachment 6)
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.
The North Star property is designated as a Suburban Neighborhood place type, which is typically associated
with zone districts for low and moderate single family detached housing. While the M-H zone district allows for
unit densities generally in excess of the Suburban Neighborhood place types, the M-H zone district does support
the general detached single family unit types of the place type with manufactured home units.
Further, the North Star property is a transitional property located between areas of consistent single-family
development to the east from which the Suburban Neighborhood designation is derived, and commercial/mixed-
use development to the west. The property sits along the boundary of two separate neighborhoods plans and
has a history of hosting commercial, residential or mixed zoning. In seeking to preserve both the existing
commercial frontage of the property as LMN zoning and the manufactured housing community with MH zoning
the change in zoning designation supports many of the goals and policies found in City Plan.
City Plan and the Structure Plan map allows flexibility in interpretation for decision-makers so long as broader
City Plan policy goals are advanced. The North Star property advances both the broader goals of manufactured
housing preservation as well as flexibility to continue to support neighborhood-service commercial uses along
the Laporte frontage by keeping the existing LMN zoning.
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
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
Agenda Item 20
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residential development by limiting building height, the size of any non-commercial structures, and matching
other residential building setbacks. The North Star MHC is surrounded by similar other residential development,
primarily single-family dwellings to the south and east, and a mix of residential and commercial development to
the west.
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 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 7)
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.
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)
Agenda Item 20
Item # 20 Page 9
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. Northstar LMN Neighborhood Center Memo (PDF)
7. Neighborhood Meetings Summary (PDF)
8. Planning & Zoning Board Public Comments (PDF)
9. Property Owners Outreach (PDF)
10. Powerpoint Presentation (PDF)
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ORDINANCE NO. 156, 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 NORTH STAR MANUFACTURED HOUSING COMMUNITY 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 North Star Manufactured Housing Community (“North Star”); 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
North Star.
LOT 2, VASQUEZ MINOR SUB, FTC, LESS THE SOUTHERLY 110 FEET
Section 3. That the property known as the North Star shall remain included in the Residential Sign
District adopted pursuant to Section 3.8.7.1(M) of the Land Use Code.
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