HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/20/2010 - SECOND READING OF ORDINANCE NO. 041, 2010, AMENDIN DATE: April 20, 2010
ITEM SUMMARY
'
STAFF: Steve Dush AGENDA
Beth Sowder
FORT COLLINS CITY COUNCIL --
Second Reading of Ordinance No.041,2010,Amending Sections ofthe Land Use Code Relating to Occupancy Limits.
EXECUTIVE SUMMARY
The current occupancy regulations should be amended to ensure that they meet Council's original intent for limiting
the occupancy of dwelling units. This Ordinance, adopted on First Reading on April 6, 2010, by a vote of 5-2 (Nays:
Kottwitz, Troxell) accomplishes this by refining the definition of Dependent, by adding a "host family" category as
another acceptable way to increase the number of occupants allowed in a dwelling unit,and by revising the definitions
of Family and Occupancy.
In response to feedback from Council and the public on First Reading,the Ordinance has been revised to change the
definition of"dependent"so that the term"natural child"now reads "biological child". Both terms mean a child by birth,
as distinguished from an adopted child.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary-April 6, 2010
(w/o attachments)
ATTACHMENT 1
DATE: April 6, 2010 .
STAFF: Steve Dush
Beth Sowder
Items Relating to Occupancy Limits.
A. First Reading of Ordinance No. 041,2010,Amending Sections of the Land Use Code Relating to Occupancy
Limits.
B. First Reading of Ordinance No�042v010;rAmending'Sectiorr5=265 of'the City Code Relating to Occupancy
Disclosure Statements. U;
EXECUTIVE SUMMARY UU Y
In 2005, City Council adopted significant changes to the Municipal Code and the Land Use Code for the purpose of
establishing new occupancy regulations that are understandable,fair,and enforceable. This was accomplished in part
by redefining the make-up of the types of groups or individuals that can live together in a dwelling unit and by
establishing ways in which the number of persons allowed to live together can be increased.
It has recently come to City staffs attention that the current regulations do not meet Council's original intent for limiting
the occupancy of dwelling units. The proposed Land Use Code changes address this problem by refining the definition
of Dependent, by adding a "host family" category as another acceptable way to increase the number of occupants
allowed in a dwelling unit, and by changing the definition of Family and amending the definition of Occupancy.
�� � ��
In addition, the disclosure statement;equirerment related to._occupancy limits has been revised to ensure that the
statement is truthful, is provided by the property own�ror/ eager to the t4nants at the time of lease signing, and is
readily available when requested by the City.
BACKGROUND / DISCUSSION
At the October 27, 2009 Council Work Session regarding the Occupancy Ordinance Two-Year'Review and Policy
Discussion, Council directed staff to bring the following three items back to them for further consideration (See
Attachment 1):
1. . Redefine the Occupancy Lim iit F rtther/ffdef eni land cla� r�JJhanges to the occupancy limit in order to:
a. Clarify the definition to mef et Council's originallinteh
b. Provide an option to allow,a,permit to-berissued for "host families" to temporarily house one or more
additional persons as long as ec rtain crit re is are m et.
2. Zoning Option 1 —Further explore adding Extra Occupancy Rental Houses(EORH)as a permitted use in the
Neighborhood Conservation Medium-density (NCM)zone.
3. Rental Registration and Rental Licensing.— Staff will provide Council with research and background
information regarding rental registration and rental licensing.
This agenda item focuses on Item#1 above. Item#2 is scheduled to be discussed at the Council work session on
April 27, 2010, and Item#3 was prepared-and provided to Council.in December 2009.
�� ��
The original intent of the 2005 occupancy ordinance was to ally ow,for both`a�family and a group that is the functional
equivalent of a family to have only one�addditti nahper��iving with them. Itwas not intended to allow for such groups
to have two additional people.
April 6, 2010 -2- ITEM 20
The current regulation states that the maximum occupancy allowed per dwelling unit is:
(1) one (1) family as defined in Section 5.1.2 and not more than one (1) additional person; or
(2) two (2) adults and their dependents, if any, and not more than one (1) additional person.
Family is defined as 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.
After close examination of the current regulation, including the definition of"dependent," it appears that the second
part of the regulation would allow a family to�h`useJtwo:additional-pe ple instead,ofjust one. For example,one spouse
could be considered as a dependent of the otherrouse;,meaning a husba/nd and wife in this scenario would only
count as one of the two adults allowe�y tj
d then ha, ve-One other adult and dependents, if any, plus one
additional person. �LfI ILJ�
This interpretation of the regulation is not consistent with the original intent of the ordinance, which was to allow both
a family and a group that is the functional equivalent of a family to have only one additional person.
At the October 27, 2009 City Council work session, Council directed staff to process an amendment to the current
occupancy regulation that would be consistent with the original intent (see Attachment 1). Council also expressed
interest in an exception to allow for a second additional person in situations where the increased occupancy would not
likely cause neighborhood problems,such as a family wanting to provide temporary housing to missionaries,exchange
students, etc.
Ordinance No. 041, 2010, Amend in/gr�Sectionsof-tlib,Landl�Usee Code\Rellating to Occupancy Limits.
These Council objectives can be acedmplished by: ) rfically
v1. Amending the Land Use'C a language spe the definition of Dependent in Section
3.8.16(D)(2)
2. Adding a new Section (3)to Section 3.8.16(E)
3. Amending the definition of Family in Section 5.1.2
4. Amending the definition of Occupancy or Occupy in Section 3.8.16(D)(3).
Part I
Amend Section 3.8.16(D)(2), definition of Dependent.
Current definition: Dependent shall mean/a•person related10 an�adult occupying a dwelling unit by blood,
marriage,adoption,guaidianship`orothe duly authorized custodial relationship who receives
financial support from sad adult and who resides with said adult in the dwelling unit at least
three (3) calendvmonths-i" n.a'calendar year. u
Proposed definition: Dependent shall mean the natural child of an adult occupying a dwelling unit, or a person
related to the adult by reason of adoption, guardianship or other duly authorized custodial
relationship, who receives financial support from the adult and who resides with the adult in
the dwelling unit at least three (3) calendar months in a calendar year.
Part II
Add a new Section (3) to Section 3.8.16(E) to increase the occupancy limit for host families. With respect to single-
family, owner-occupied dwellings, the number of persons allowed-under Section 3.8.16(A)(1) may be increased to
allow one additional person by the issuance of a host family permit provided that the following conditions are met:
(a) Adequate off-street parking is(available to accommodate the additional occupant;
LiU
April 6, 2010 -3- ITEM 20
(b) There have been no violations of Chapters 17 or 20 of the Code of the City or Section 3.8.16
of the Land Use Code at the premises for which the permit is sought within the twelve (12)
months immediately preceding the date of the application for the permit; and
(c) At least two(2)months have elapsed since the issuance of any previous host family permit for
the same premises.
Permits issued shall be valid for ten (10) months from the date of issuance; provided, however, that in the event that
the Municipal Judge or Municipal Court Referee determine, during the term of any such permit, that a violation of
Chapters 17 or 20 of the Code of the City or Section 3.8.16 of the Land Use Code has occurred at the premises for
which the permit was issued, the permit may be revoked.
A fee of $25 will be charged by the City r-the hos f ily permit m t• in order cover the costs of processing the
application, which shall be payable at the time of applicationr
V
Part III
�.0
Amend the definition of family in Section 5.1.2 of the Land Use Code to remove "an individual living alone". Family
shall mean 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.
Part IV
Amend the definition of"occupancy or occupy' in section 3.8.16(D)(3) to state specifically that thirty (30) overnight
visits constitutes occupancy and is notju is one facto tro o be consia&ed;in determining occupancy, and to change the
thirty (30) overnight visits from being"within aYcalendar yeatr'L' !o)'withina twelve month period". The proposed
definition would read as follows: `+ �� � IT
Occupancy or occupy shall mean'the use of a dw�Iling unit or any portion thereof for living and
sleeping purposes by a person acting in any of the following capacities:
(1) as an owner of the unit;
(2) as a tenant under an express or implied lease or sublease of the unit or of any portion thereof;
or
(3) as a guest or invitee of the owner, property manager;lessee or sublessee of the unit, if such
guest or invitee stays overnight at the-unit fora-total of thirty (30) or more days within any
twelve-month period �/timed ��� I �� Yd
Note: This definition change will be brought to the P,lIanning anng Board at its April 15, 2010
meeting. � \ �✓ I U
Ordinance No. 042, 2010, Amending Section 5-265 of the City Code Relating to Occupancy Disclosure
Statements.
To address concerns expressed about the accuracy and accessibility of the required "disclosure statements", staff
recommends amending Section 5.265(c)to require that the property owner or manager's signature on the disclosure
statement be notarized, and that a copy of the disclosure statement be made available at the premises. Since this
change would be new to property owners and managers, staff suggests a two month period for public education prior
to implementation. This public education process will consist of a letter to all landlords and property management
companies that the City is currently aware` The-letterwilllexpl�;he;policy change, the rationale for the change,
t when it will take effect, and, that from hat date forward, all disclosure state ents must be notarized and available at
the premises. ( � �1
Additionally,the proposed amendments•will.�te thatwill'be a.violation fora.property owner/manager to rent to anyone
who has not signed a disclosure statement, and, it will be a violation for any tenant to occupy a dwelling unit if they
have not signed a disclosure statement.
April 6, 2010 -4- ITEM 20
FINANCIAL IMPACT
A$25 fee will be charged by the City to the property owner for the host family permit in order to cover the costs of
processing the application.
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
Staff does not expect these Code amendments to have any economic or environmental impacts.
The social impacts include reservin isiin a famil ei hborhoods b ensuring the Code is consistent with Council
P P I9 9 ' � Y g� , � i ley �� ig
intent of limiting the occupancy of dwelling units, and by allowing,a-process,for host families to house a second adult
in situations where the increased occu�pancyiw6dld not likely cause neighborhood problems.
� u u
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BOARD/COMMISSION RECOMMENDATION
The Planning and Zoning Board has deco me d/app o a(5�0 he La d Use Code Amendments that are intended
to clarify the occupancy limit regulations in Section 3.8.16jand the,definition/of family in Section 5.1.2 with a change
that a host family permit be available for a ten-month period of time rather than the nine months in the staff report.
Staff adjusted the host family permit to be available for a ten-month period as recommended by the Planning and
Zoning Board.
PUBLIC OUTREACH
The Occupancy Ordinance Stakeholder Committee(which includes representatives from the Associated Students of
Colorado State University, tenants, landlords, property managers, Fort Collins Board of Realtors, Northern Colorado
Rental Housing Association, the LatterjDa',Saints'Ghurch, and-neghl or_hood,representatives) was informed of the
recommended changes proposed to/CouncP (r ) I JT I� ?
• Provide an exception rather e tthan`a�pe mit/process so that the host family does not have an
added expense for their charitable ntent' u V
• Do not limit the permit to ten months and do not require two months between permits. Allow
the exception or permit indefinitely unless adequate parking is not provided or violations occur
at the premises.
• There is concern that a family cannot host others in need in exigent circumstances (families
displaced due to unemployment, financial reversals, or natural disasters). So long as there is
adequate parking and no violations,charitable families should be allowed to help others without
the burden and expense of�a permit process.��� n
Neighborhood representatives providelld feedbalck��in sup}pJJort.of nth changes, specifically that:
• The host family per�t`i�s p per,approach that will prevent abuses of this very worthy
adjustment to the occupancy limit.
April 6 2010 -5- ITEM 20
• Requiring the disclosure statement to be notarized and available on the premises is an
appropriate response to assure the statement is provided to the tenants.
The proposed changes were presented to the Northern Colorado Rental Housing Association on March 16,2010 and
to landlords who attended the February 2010 Landlord Education Series. While some feedback included the concern
that the notary requirement for the disclosure statement will put an added cost and burden on landlords, other
feedback was in favor of the added requirements because it will help landlords who are already providing the
disclosure form show that they are abiding by the requirements.
The Fort Collins Board of Realtors supports requiring all parties'signatures to be notarized or verified by an electronic
time stamp. The Board would like to see more of a shared accountability which would require the tenants'signatures
to be notarized or verified.
� n��
Staff has discussed some of the concerns and contends that-increased occupancy exception for host families
needs to be clearly defined and tempor\ary.�yhe�pe mit process with a nominal fee allows host families to house an
additional person while clearly identifying--conditions=and time limits so that single-family neighborhoods have less
potential to be negatively impacted. Staff does acknowledge that there will be some additional burden on landlords
to have the disclosure statements notarized; however, it is important to ensure that the disclosure statement is being
provided to the tenants at the time of lease signing. While staff understands the desire to have shared responsibility
among both landlords and tenants, the enforcement need for the landlord's notarized signature is to specifically tie
the date of execution of the Disclosure Statement. The addition of requiring the tenants' signatures to be notarized
is not necessary.
If Council chooses to adopt the amendments to the disclosure statement requirements,staff intends to conduct a two-
month public education process. This education will be primarily directed toward landlords and property managers
since they will be required to notarize.the-document-'and make-it.'available at'the premises; however, education to
tenants will also be conducted. Staff recommends the im�plemenenntation d'atte7of this amendment to be July 1, 2010.
UATTACHMENTS
1. Work Session Summary—October 27, 2009
2. Planning and Zoning Board Minutes—January 21, 2010
3. PowerPoint presentation
ORDINANCE NO. 041 , 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE LAND USE CODE RELATING TO
OCCUPANCY LIMITS
WHEREAS , on March 18 , 1997, by Ordinance No . 051 , 1997, the City Council adopted the
Fort Collins Land Use Code (the "LUC") ; and
WHEREAS , at the time of the adoption of the LUC, it was the understanding of staff and
Council that the LUC would most likely be subject to future amendments, not only for the purpose
of clarification and correction of errors, but also for the purpose of ensuring that the LUC remains
a dynamic document capable of responding to issues identified by staff, other land use professionals
and citizens of the City; and
WHEREAS , in 2005 , City Council adopted significant changes to the City Code and the
LUC to establish new occupancy regulations to address concerns regarding occupancy in single-
family dwelling units in the City; and
WHEREAS , City staff has discovered that the occupancy regulations need clarification to
meet City Council ' s original intent, which was to allow for both a family and a group that is the
functional equivalent of a family to have only one additional person living with them; and
WHEREAS , the City Council also desires to amend the definition of "family" in the LUC
so that it no longer includes an individual living alone; and
WHEREAS , the City Council believes it would be in the best interests of the City to allow
an additional means by which a family could increase the occupancy in single-family dwellings to
accommodate up to two, temporary guests through a "host family" permit process; and
WHEREAS , the Planning and Zoning Board has recommended approval of the proposed
amendments to the LUC ; and
WHEREAS , the City Council has determined that the Land Use Code amendments which
have been proposed are in the best interests of the City and its citizens .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Land Use Code is hereby amended as follows :
Section 1 . That Section 3 . 8 . 16 of the Land Use Code is hereby amended to read as
follows :
3 .8. 16 Occupancy Limits ; Increasing the Number of Persons Allowed
(A) Except as provided in subsection (B) below, or pursuant to a certificate of
occupancy issued by the city to the owner of the property, the maximum
occupancy allowed per dwelling unit in a single-family, two-family or multi-
family dwelling shall be either:
( 1 ) one ( 1 ) family as defined in Section 5 . 1 . 2 and not more than
one ( 1 ) additional person; or
(2) two (2) adults and their dependents, if any, and not more than
one ( 1 ) additional person.
(D) Definitions. The following words , terms and phrases, when used in this
Section, shall have the meanings ascribed to them below :
(2) Dependent shall mean the natwa4biological child of an adult
occupying a dwelling unit, or a person related to an adult by reason
of adoption, guardianship or other duly authorized custodial
relationship, who receives financial support from the adult and who
resides with the adult in the dwelling unit at least three (3 ) calendar
months in a calendar year.
(3 ) Occupancy or occupy shall mean the use of a dwelling unit or any
portion thereof for living and sleeping purposes by a person acting in
any of the following capacities :
( 1 ) as an owner of the unit;
(2) as a tenant under an express or implied lease or sublease of
the unit or of any portion thereof; or
(3 ) as a guest or invitee of the owner, property manager, lessee or
sublessee of the unit, if such guest or invitee stays overnight
at the unit for a total of thirty (30) or more days within any
twelve-month period of time .
-2-
(E) Increasing the Occupancy Limit.
( 1 ) With respect to single-family and two-family dwellings, the
number of persons allowed under this Section may be
increased by the issuance of a certificate of occupancy for use
as an extra occupancy rental house in zones allowing such
use.
(2) With respect to multiple-family dwellings, the decision maker
(depending on the type of review, Type 1 or Type 2) may,
upon receipt of a written request from the applicant and upon
a finding that all applicable criteria of this Land Use Code
have been satisfied, increase the number of unrelated persons
who may reside in individual dwelling units . The decision
maker shall not increase said number unless satisfied that the
applicant has provided such additional open space,
recreational areas, parking areas and public facilities as are
necessary to adequately serve the occupants of the
development and to protect the adjacent neighborhood.
(3 ) With respect to single-family, owner occupied dwellings, the
number of persons allowed under Section 3 . 8 . 16(A)( 1 ) may
be increased to allow one ( 1 ) additional person by the
issuance of a "host family permit" provided that the following
conditions are met:
(a) Adequate off-street parking is available to
accommodate the additional occupant;
(b) There have been no violations of Chapters 17 or 20 of
the City Code or Section 3 . 18 . 16 of the Land Use
Code at the premises for which the permit is sought
within the twelve ( 12) months immediately preceding
the date of the application for the permit; and
(c) At least two (2) months have elapsed since the
issuance of any previous host family permit for the
same premises .
(4) Host family permits shall be valid for ten ( 10) months from
the date of issuance ; provided, however, that in the event that
the Municipal Judge or Municipal Court Referee determine,
during the term of any such permit, that a violation of
Chapters 17 or 20 of the City Code or Section 3 . 8 . 16 of the
Land Use Code has occurred at the premises for which the
permit was issued, the permit may be revoked. The City may
-3 -
charge a twenty-five dollar ($25 ) permit fee, or any greater
amount not to exceed the costs of processing the application,
which shall be payable at the time of application for the host
family permit.
Section 2 . That the definition of "Family" contained in Section 5 . 1 .2 of the Land Use
Code is hereby amended to read as follows :
Family shall mean 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 .
Introduced, considered favorably on first reading, and ordered published this 6th day of
April, A.D . 2010, and to be presented for final passage on the 20th day of April, A.D . 2010 .
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading on the 20th day of April, A . D . 2010 .
Mayor
ATTEST :
City Clerk
-4-