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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 04/18/2000 - SECOND READING OF ORDINANCE NO. 37, 2000, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 14 DATE: April 18, 2000 FORT COLLINS CITY COUNCIL STAFF: Bob Blanchard SUBJECT: Second Reading of Ordinance No. 37, 2000, Amending Article 2.8.2(h)(2) of the Land Use Code With Regard to Modifications of Standards. RECOMMENDATION: Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY: This Ordinance clarifies that, when a modification of standards is requested under the Land Use Code, and the justification is based upon a substantial benefit that the development will provide to the City, the mere fact that the project will constitute an affordable housing project within the meaning of the Code should not necessarily justify the granting of the modification of standard. Ordinance No. 37, 2000,was unanimously adopted as amended on First Reading on April 4, 2000. ITEM NUMBER: 28 AGENDA ITEM SUMMARY DATE: April 4, 2000 j FORT COLLINS CITY COUNCIL STAFF: Bob Blanchard SUBJECT: I First Reading of Ordinance No.37,2000,Amending Article 2.8.2(h)(2)of the Land Use Code With Regard to Modifications of Standards. 1 i I RECOMMENDATION: Staff recommends adoption o£the Ordinance as drafted on First Reading, except for the changes which would require the Planning and Zoning Board to make specific findings in support of its i decision not to grant a modification.With regard to that proposed change staff supports the Planning 11 and Zoning Board's recommendation that findings be made only when a modification is granted,and not when it is denied. j IEXECUTIVE SUMMARY: This Ordinance would make two changes. The first change would clarify that,when a modification of standards is requested under the Land Use Code,and the justification is based upon a substantial benefit that the development wt pr de tb ie ity me e f/�cjt-hat the project will constitute an affordable housing projec thin t mean o tht` Coe �kiould not necessarily justify the granting of the modification o andaz ,The s 'o thane uld state that when a modification tt g g g v _; : of standards is requested under dieeLan CP"s�Cod�idmgs ld always be made m support of the decision on the application. At present, findings are required only when the modification of standards is approved. BACKGROUND: During recent appeals to the City Council, certain issues have arisen with regard to the Land Use Code provisions relating to the modification of standards. In one appeal,the applicant for approval of an affordable housing proje% "o it is a standard under the Land Use Code on the basis that the affo ' ble ho ng prd c '• o pi ' 'e a substantial benefit to the City. One of the justifications that be o�tf din of a req A st for a modification of standards under Article 2.8.2(H)(2) of thand ode rs that oposed project will result in a substantial benefit to the City,that is,the proposed project will substantially address an important community need specifically and expressly defined and described in the City's comprehensive plan, or in an adopted policy, ordinance or resolution of the City Council. When the benefit to be provided to the City is the provision of affordable housing, the Code is somewhat unclear as to whether that"substantial benefit" requirement will be satisfied merely by reason of the fact that the proposed project will meet the definition of an affordable housing project under the Code. (In order to be recognized as an affordable housing project for certain other benefits under the Code,at least ten percent (101/6) of the dwelling units in a project must qualify.) DATE: April , 2000 ITEM NUMBER: Section 5.1.2 of the Land Use Code defines an affordable housing project as follows: Affordable housing project shall mean a development project in which: (1) at least seventy-five (75)percent of the gross acreage to be developed under the plan is to be developed as residential dwelling units or mobile home park spaces;(2)at least ten(10)percent of said dwelling units or spaces (the "affordable housing units") are to be available for rent or purchase on the terms described in the definitions of affordable housing unitfor rent or affordable housing unit for sale (as applicable);(3)the construction of the dwelling units or spaces is to occur as part of the initial phase of the project and(I)prior to the construction of the market rate uli�s or„(ii) oa a proportional basis, according to the-same ratio as thei.hurtiber of affoidable units bears to the number of the market rate units and(4)the units will be required by binding legal instrument acceptable to the city and duly recorded with the Larimer County Clerk and Recorder,to be occupied by and affordable to low-income households for at least twenty (20)years. For the purposes of considering a request for modification of standards,staff believes that the mere fact that a proposed project will constitute an affordable housing project does not necessarily justify the granting of a modification of standards. Instead, a greater percentage of affordable housing might be necessary in order to rZfvyJe a, to City that would justify such modification. The proposed 0 anc uld c is f n between an affordable housing project for other purposes urf r the e o which .' uld provide a substantial benefit sufficient to justify the granting 4nod i on andar In another appeal,the Planning and Zoning Board denied a requested modification of standards for a storage facility and was not required to make any findings in support of that decision because such findings are required only when a modification of standards request is approved by the Board. The proposed amendment would require such findings whether an application for modification of standards is approved or denied. Finally, the Council Growth en u d the deletion of the present language of the Code which "" es "e les" li traffic congestion as city-wide concerns and of historic prese " ation affor I using important community needs. Planning and Zoning Board Recommendation The Planning and Zoning Board reviewed the proposed Land Use Code amendments relating to modifications of standards on Thursday, March 2, 2000. The Board discussed and voted on each proposed amendment individually. Regarding the proposed changes contained in Section 2.8.2(H)(2),the Board,by a unanimous vote of 7-0,recommended that Council delete the last underlined sentence relating to affordable housing. Boardmembers felt that the first part of the paragraph refers to items which address a community need specifically described in City Plan or in adopted Council policy and ordinances,of which there may be many,yet the last sentence singles out affordable housing without mentioning others. It was DATE: April 4, 2000 3 ITEM NUMBER: 28 the Board's belief that this may cast a shadow over affordable housing that may result in developers being less inclined to provide for this need. Regarding the proposed changes contained in Section 2.8.2(H),the last paragraph requires that the Board make specific findings regarding a modification whether they approve or deny a modification request. Again,by a unanimous vote of 7-0,the Board recommended that Council not approve the proposed amendment. It was a consensus opinion that a burden of proof exists if they elect to grant a modification to an adopted standard. However, the Board does not believe it should be required to justify why an applicant should comply with adopted law. I / {� 4