HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/07/2006 - SECOND READING OF ORDINANCE NO. 033, 2006, AMENDIN ITEM NUMBER: 14
AGENDA ITEM SUMMARY DATE: March 7, 2006
FORT COLLINS CITY COUNCIL STAFF: Steve Roy
SUBJECT
Second Reading of Ordinance No. 033, 2006, Amending the Effective Date of Section 8 of
Ordinance No. 123, 2005,Pertaining to the Definition of"Family" as Contained in Section 5.1.2 of
the Land Use Code.
RECOMMENDATION
Staff recommends adoption of this Ordinance on Second Reading.
EXECUTIVE SUMMARY
This Ordinance,which was unanimously adopted on First Reading on February 21, 2006, changes
the effective date of the new definition of"family" in the Land Use Code so that it coincides with
the effective date of the City's new occupancy limit, which is January 1, 2007.
ITEM NUMBER: 29
AGENDA ITEM SUMMARY DATE: February 21, 2006
FORT COLLINS CITY COUNCIL STAFF: Steve Roy
SUBJECT
First Reading of Ordinance No. 033,2006,Amending the Effective Date of Section 8 of Ordinance
No. 123, 2005, Pertaining to the Definition of"Family" as Contained in Section 5.1.2 of the Land
Use Code.
RECOMMENDATION
Staff recommends adoption of this Ordinance on First Reading.
EXECUTIVE SUMMARY
This Ordinance will change th
UeffectiAdjatet new de ition of"family" in the Land Use
Code so that it coincides with t 'lit
n ccupancy limit,which is January
1, 2007.
BACKGROUND
Council Action on November 18, 2005
On November 15, 2005, the Council adopted on Second Reading, Ordinance No. 123, 2005, (the
"Ordinance")making various amendments to the City of Fort Collins Land Use Code(the "LUC")
relating to residential occupancy limits. Section 6 of the Ordinance amended Section 3.8. 16(A)of
the Land Use Code so as to state that, as of the effective date of the amendment, the maximum
occupancy allowed per dwelling unit in a single-family, two-family, or multi-family dwelling will
be either: (1) one "family" as defined in Section 5.1.2 plus one additional person or(2)two adults
and their dependents, if any,plus ddit 1 p P Council direction, Section 47
of the Ordinance stated that pus
ew o anc at i into effect January 1,2007. All
other provisions of the Ordin a took ect t d er s nd reading of the Ordinance.
One of the Ordinance provisions that took effect on November 25, 2005, was Section 8 of the
Ordinance. Section 8 amended the definition of"family" contained in Section 5.1.2. The new
definition of"family" is essentially limited to persons who are related to one another, while the
previous definition of "family" in Section 5.1.2 of the LUC included not only persons who are
related but also groups of not more than three unrelated persons.
February 21, 2006 -2- Item No. 29
The Previous and New Definitions of"Family"
Previous Definition (contains the occupancy limit within the definition):
Family shall an '0hous
li n o either of the following
groups living together a sina mgunit d sharing common living,
sleeping, cooking and a c
(1) any number of persons related by blood, marriage, adoption,
guardianship or other duly authorized custodial relationship unless
such number is otherwise specifically limited in this Land Use Code;
or
(2) any unrelated group of persons consisting of:
a. not more than three (3)persons; or
b. not more than two (2) unrelated adults and their related
children, if any.
New Definition(does not contai cu li ha ' ontained in the regulation that
will take effect January 1, 200
Family shall me di i ' alone y number of persons who
are all related by blood, marriage, adoption, guardianship or other duly authorized
custodial relationship,and who live together as a single housekeeping unit and share
common living, sleeping, cooking and eating facilities.
The Problem
The new definition of"family" should not have taken effect prior to the effective date of the new
occupancy regulation. The effect of prematurely eliminating groups of more than three unrelated
persons from the definition of"family" is that only related persons can now occupy a dwelling unit.
Staff Recommendations
City staff has brought this uni c e of Council. The Ordinance
would retroactively change the fecti a to o c n of d' ance No. 123,2005, so that both
the new occupancy regulation d the c ge i e nitio f"family" will take effect January
1, 2007.
ATTACHMENTS
• Copy of Ordinance No. 123, 2005, Making Various Amendments to the Land Use Code
Relating to Residential Occupancy Limits
ORDINANCE NO. 033, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE EFFECTIVE DATE OF SECTION 8 OF
ORDINANCE NO. 123, 2005, PERTAINING TO THE DEFINITION
OF "FAMILY" AS CONTAINED IN SECTION 5.1.2 OF THE LAND USE CODE
WHEREAS,on November 15,2005,the City Council adopted on second reading Ordinance
No. 123,2005, (the"Ordinance")making various amendments to the City of Fort Collins Land Use
Code(the "LUC") relating to residential occupancy limits; and
WHEREAS, Section 6 of the Ordinance amended Section 3.8. 16(A)of the Land Use Code
so as to state that the maximum occupancy allowed per dwelling unit in a single-family,two-family,
or multi-family dwelling is either one "family" as defined in Section 5.1.2 and not more than one
additional person or two adults and their dependents, if any, and not more than one additional
person; and
WHEREAS,pursuant to Council direction, Section 47 of the Ordinance stated that this new
occupancy limit would go into effect January 1, 2007; and
WHEREAS, all other provisions of the Ordinance took effect ten days after second reading
of the Ordinance; and
WHEREAS, Section 8 of the Ordinance(one of the provisions of the Ordinance that took
effect on November 25, 2005 amended the definition of"family"
)> contained in Section 5.1.2 so as
Y
to limit a "family" to an individual living alone or any number of persons who are all related by
blood,marriage,adoption,guardianship or other duly authorized custodial relationship and who live
together as a single housekeeping unit and share common living, sleeping, cooking and eating
facilities; and
WHEREAS, the previous definition of"family" in Section 5.1.2 of the LUC included not
only persons who are related but also groups of not more than three unrelated persons; and
WHEREAS,the new definition of"family"should not have taken effect prior to the effective
date of the new occupancy regulation; and
WHEREAS, the effect of prematurely eliminating groups of more than three unrelated
persons from the definition of"family" is that only related persons can now occupy dwelling units;
and
WHEREAS, City staff has brought this unintended consequence to the attention of the
Council; and
WHEREAS, Council wishes to retroactively change the effective date of Section 8 of the
Ordinance so that both the new occupancy regulation and the change in the definition of"family"
will take effect January 1, 2007.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 47 of Ordinance No. 123, 2005, is hereby amended to read in its entirety as
follows:
Section 47. That Section 6 of this Ordinance,amending Section 3.8.16 of
the Land Use Code, and Section 8 of the Ordinance, amending the definition of
"family" contained in Section 5.1.2 of the Land Use Code, shall take effect January
1,2007,and all other provisions of this ordinance shall take effect ten(10)days after
second reading of this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 21st day of
February, A.D. 2006, and to be presented for final passage on the 7th day of March, A.D. 2006.
May
ATTEST:
City Clerk
Passed and adopted on final reading on the 7th day of March, A.D. 2006.
Mayor
ATTEST:
City Clerk