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Home My WebLink AboutAgenda - Full - Legislative Review Committee - 04/03/2023 -Special Legislative Review Committee to discuss Housing Bill Meeting Date: Monday April 03, 2023 4:00 PM Meeting Location: Zoom URL: (for meeting documents) https://www.fcgov.com/citymanager/legislative-activities Contact: Ginny Sawyer 970.224.6094 gsawyer@fcgov.com Meeting Details: Access the bill language which was available late March 23 by clicking this bill tracker and scrolling down to SB23-213 near the bottom of the webpage. Please click the link below to join the webinar: https://fcgov.zoom.us/j/97236158545 Or One tap mobile : US: +17209289299,,97236158545# or +13462487799,,97236158545# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 720 928 9299 or +1 346 248 7799 or +1 253 215 8782 or +1 646 558 8656 or +1 312 626 6799 Webinar ID: 972 3615 8545 International numbers available: https://fcgov.zoom.us/u/acESpRfGOU SB23-213: Legislative Review Committee Overview 04-03-23 Comparing LUC, LDC, and SB23-213 Meaghan Overton | Housing Manager 1 2Applicability • Statewide; Fort Collins considered a Tier 1 Urban Municipality: Source: CML Analysis of SB23-213, Land Use 3Flexible Option vs. Model Land Use Code • By December 31, 2024 (2026 for key corridors) - municipalities shall either: • Adopt local laws that satisfy the Bill’s minimum standards for accessory dwelling units, middle housing, transit-oriented areas, and key corridors (the “flexible option”) OR • Adopt the State model land use code • Municipalities shall submit a report to DOLA that they meet the minimum standards or have adopted the model code • If a municipality does not make required changes, the state model code goes into effect immediately 4Bill Sections and Applicability • Part 1: Housing Needs Planning -applies • Part 2: Accessory Dwelling Units -applies • Part 3: Middle Housing -applies • Part 4: Transit-Oriented Areas -does not apply to Fort Collins – “transit-oriented” refers specifically to fixed rail stops, i.e. heavy or light rail. • Part 5: Key Corridors -applies • Additional Provisions - applies 5 The Bill does not prevent municipalities from: • Requiring accessible parking spaces in accordance with the Americans with Disabilities Act (ADA) • Applying a local inclusionary housing ordinance as long as the inclusionary policy does not render projects “financially infeasible” • Imposing requirements on short-term rentals • Allowing the construction of single-unit detached dwellings • Applying standards in a historic district to housing in that district • Prohibiting ADUs and middle housing on the same lot 6Housing Needs Planning • By December 31, 2024 – DOLA required to produce “statewide, regional, and local housing needs assessments with 20-year planning forecasts” • By December 31, 2026 – Rural Resort Job Centers and Urban Municipalities must adopt and submit a local housing needs plan to DOLA that includes: • Stakeholder engagement summary • Analysis of how municipality will “provide a realistic opportunity for development” to meet local housing needs assessment • Implementation plan/update on compliance with provisions in the Bill • A greenfield development analysis • Adoption of specific affordability strategies and (possibly) displacement mitigation measures selected from a menu published by DOLA • The Bill would appropriate funds for technical assistance to help municipalities create housing needs plans 7Accessory Dwelling Units (ADUs) CURRENT CODE (LUC) REPEALED CODE (LDC) SB 213 (THE BILL)REPEALED CODE ALIGNMENT? YesAll zonesAll zonesNCL, NCM, NCBWhere YesBy rightAdministrative (BDR)Public Hearing (Type 1)Review Type Maybe – additional analysis necessary Same design standards for single-unit house and ADU Accessory Dwelling Unit (ADU) building type Specific standards for “carriage house” Design No – would need to change max height allowed Same standards for single-unit and ADU 28-35 feet24 feetHeight No – would need to change how size is regulated 800 sf minimum; 50% of primary dwelling with no stated maximum size 600 sf minimum; 1,000 sf or 45% of primary dwelling max, whichever is smaller 1,000-1,200 sf maximum size; dependent on lot size (not house size) Size YesNo additionalNo additional1 per bedroomParking YesInternal ADU permitted; no standards resulting in “infeasibility” Internal ADU permitted; no minimum lot size NCL, NCM require 12,000 and 10,000 sf lot minimum size Other 8Middle Housing (2-6 units, townhomes, and cottage clusters) No - would need to permit additional units (up to 6) and townhomes All zones where single- unit detached allowed by right Varies. Allowed 2-5 units (+1-2 units if affordable) and cottage clusters Varies. Several zones limited to single unit Where YesBy rightAdministrative (BDR)Public Hearing (Type 1)Review Type Maybe - additional analysis necessary Same standards for single-unit and middle housing Specific standards for different building types Specific standards for 3 or more units Design YesSame standards for single-unit and middle housing Varies. Generally same or higher than single-unit detached dwelling Varies. Generally same or higher than single-unit detached dwelling Height Maybe - additional analysis necessary Can’t restrict to more than 125% of building area for single-unit Varies. Limited by floor area, floor area ratio, lot coverage, etc. Varies. Limited by floor area, floor area ratio, minimum lot size, etc. Size No - would need to remove pkg requirements No additional1-3 per unit depending on number of bedrooms 1-3 per unit depending on number of bedrooms Parking N/ANo standards resulting in “infeasibility” Affordable housing incentives for reduced parking, more units “Multi-unit” defined as 3 or more dwelling units Other CURRENT CODE (LUC) REPEALED CODE (LDC) SB 213 (THE BILL)REPEALED CODE ALIGNMENT? 9Key Corridors – by December 2026 Maybe - additional analysis required and must be based on the housing needs planning required by the Bill Defined areas that are “key corridors” – within ¼ mile of transit with 15 min frequency, 1 mile+ long routes, existing or planned by 2028 Commercial/Mixed Use zones and Transit- Oriented Overlay (TOD) Commercial/Mixed Use zones and Transit- Oriented Overlay (TOD) Where No - would need to allow 100% residential by right in commercial/ mixed- use zones By rightPublic HearingPublic HearingReview Type No - would need to remove parking requirements No additional1-3 per unit; TOD and affordable allow reductions 1-3 per unitParking Maybe - timing could align with LUC Phase 2 to define “key corridors” if Bill passes Must establish a “net residential zoning capacity” and can also define min. density needed in key corridor to meet that capacity Affordable housing incentives and parking reductions added; additional changes slated for Phase 2 LUC updates No minimum density or requirement for residential development in mixed-use or commercial zones Other CURRENT CODE (LUC) REPEALED CODE (LDC) SB 213 (THE BILL)REPEALED CODE ALIGNMENT? 10Other Provisions The Bill has a range of other provisions that could impact Fort Collins including, but not limited to: • Prohibition on regulating occupancy differently depending on household relatedness (i.e. a family of any size or 3 unrelated occupants) • HOAs would not be able to opt out of the provisions in the Bill • Planned Unit Developments (PUDs) would not be able to opt out of the provisions in the Bill • Allows municipalities to sell real property and public buildings for affordable housing without requiring the sale to be put to voters