HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/06/2012 - FIRST READING OF ORDINANCE NO. 130, 2012, AMENDINGDATE: November 6, 2012
STAFF: Laurie Kadrich, Ted Shepard
Seth Lorson, Beth Sowder
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 19
SUBJECT
First Reading of Ordinance No. 130, 2012, Amending the Land Use Code by Designating Certain Types of Multi-family
Housing Development Projects as Being Subject to Planning and Zoning Board Review.
EXECUTIVE SUMMARY
On October 9, 2012, Council directed staff to draft an ordinance amending the Land Use Code (LUC) to require larger
multi-family housing developments (50 dwelling units, or 75 bedrooms) to be reviewed by the Planning and Zoning
Board (Type 2). A Type 2 review requires that the developer hold a pre-submittal neighborhood meeting. The benefit
to the neighborhood meeting is that the public is given an opportunity to provide input on a project while it is still in the
early stages of development. In recent months a large amount of multi-family housing developments have been
appealed by concerned citizens to Council based on the assertion that the projects are not compatible with adjacent
neighborhoods. This proposed procedural change seeks to provide more opportunity for the public to participate in
the development review process for multi-family housing projects.
BACKGROUND / DISCUSSION
Council directed staff to move forward with a three-phase approach to Land Use Code (LUC) changes for multi-family
housing. Phase 1 was adopted by Council on September 18, 2012. The principal purpose for Phase 2 is to address
intensity concerns as voiced by concerned citizens and recommended in the West Central Neighborhoods Plan. At
the October 9 Work Session, City staff presented four potential LUC changes to address these concerns. City Council
provided the following feedback:
1. Consider creating a threshold size for multi-family developments that can be reviewed administratively (Type
1) up to a maximum of 50 dwelling units or 75 bedrooms. Any larger must be reviewed by the Planning and
Zoning Board (Type 2).
Council Feedback: City Council directed staff to develop an ordinance and schedule it for Council
consideration on November 6, 2012.
2. Consider creating a 30% limit on the amount of 4-bedroom units that can be permitted in multi-family
developments.
Council Feedback: This option is being forwarded to the Student Housing Action Plan (SHAP) for further
evaluation. (See Attachment 1 for more details.)
3. Consider creating a definition of student housing and/or create a university district.
Council Feedback: Council agreed with the staff recommendation not to define “student” housing. Council
directed that the University District options be moved to the Student Housing Action Plan (SHAP) process for
further vetting.
4. Consider adjusting the Transit-Oriented Development (TOD) Overlay Zone boundary.
Council Feedback: Council agreed with the staff recommendation to leave the TOD boundary in its current
location.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
November 6, 2012 -2- ITEM 19
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Board agreed with Council’s direction to create a threshold of 50 DUs(Dwelling Units)/75
Bedrooms for multi-family housing projects to be reviewed by Planning and Zoning Board (Type 2).
PUBLIC OUTREACH
The Student Housing Action Plan (SHAP) has done extensive outreach to stakeholders since summer 2011. Six
meetings in September were specifically held in order to hear feedback regarding Phase 2 LUC proposals:
9/6/12 – Affordable Housing Board
9/11/12 – Fort Collins Board of Realtors Governmental Affairs committee
9/14/12 – Planning and Zoning Board
9/18/12 – Northern Colorado Rental Housing Association
9/26/12 – Landmark Preservation Commission
9/27/12 – Building Review Board
10/17/12 – Women’s Commission
ATTACHMENTS
1. City Council Work Session Summary, October 9, 2012
2. Letter from Affordable Housing Board
3. Planning and Zoning Board minutes, September 20, 2012
ATTACHMENT 1
To: City Council
From: Affordable Housing Board
Date: October 9, 2012
Re: Phase II Multifamily Regulation Changes
In our role as advisors to council on matters pertaining to affordable housing, we have reviewed the
proposed phase II changes to the multifamily regulations. After review discussion among our board, we
have identified two of the proposed phase II code changes as issues that we feel pertain to affordable
housing. The first is the 25% limit on 4+ bedroom units in multifamily projects, and the second is the
triggering of Planning & Zoning Board (type II) review for multifamily projects with 50 or more units or
75 bedrooms. We make the following recommendations on these two issues:
1. On September 20, 2012 our board voted 5‐0 to support planning staff's recommendation that
multifamily units with 4+ bedroom be limited to no more than 25% of the total number of units.
This seems to be quite reasonable. In our experience, it is important for families to have some
4+ bedroom units available, but from a management standpoint, we agree that having an
overconcentration of this unit type is something to be avoided. We also discussed that we feel
it is important to allow at least this 25% and recommend not to reduce the maximum to any less
than that, however we feel that up to 30% of this unit type could be appropriate.
2. On September 20, 2012 our board voted 5‐0 to recommend to Council that Planning &
Zoning Board (type II) review not be required for multifamily projects with 50 or more units or
75 or more bedrooms. Since many affordable housing projects are above this threshold, this
proposed change may have a direct impact on the new supply of affordable housing in our
community. It is our belief, and appears to be public perception, that the Type II review could
invite more public input into the process as well as lead to delays in the process. These items
can financially impact projects either directly through these delays or through required changes
to projects that are driven more by political and personal agendas rather than strictly by code.
With residential vacancy rates in our community continuing to fall, and affordable housing more
in demand than ever, we believe and suggest that the City do everything it can to encourage
developers to consider affordable housing projects as a viable economic project. Since margins
on these types of projects are typically much smaller than ‘market rate’ projects, requiring a
type II review on many of them, whether by perception or reality, may keep many developers
from considering them as a viable option. We therefore recommend that Council does not
require a type II review for multifamily projects with 50 or more units or 75 or more bedrooms.
We appreciate the opportunity to forward our recommendations to Council on this matter.
ATTACHMENT 2
ATTACHMENT 3
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ORDINANCE NO. 130, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE LAND USE CODE
BY DESIGNATING CERTAIN TYPES OF MULTI-FAMILY HOUSING
DEVELOPMENT PROJECTS AS BEING SUBJECT TO
PLANNING AND ZONING BOARD REVIEW
WHEREAS, on October 8, 2012, the City Council directed staff to prepare and present to
the City Council an ordinance amending the Land Use Code to require larger multi-family
housing developments to be reviewed by the Planning and Zoning Board; and
WHEREAS, the City Council has determined that review by the Planning and Zoning
Board is beneficial for an enhanced public project review of larger multi-family housing
developments because review by the Planning and Zoning Board also requires the holding of a
neighborhood meeting which affords the public an opportunity to provide input on a project
while it is still in the early stages of development; and
WHEREAS, the City Council has determined that the amendments proposed by this
Ordinance are in the best interests of the City because they provide more opportunity for the
public to participate in the development review process for larger multi-family housing
development projects.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 4.5(B)(2)(a) of the Land Use Code is hereby amended to read
as follows:
(2) The following uses are permitted in the L-M-N District, subject to
administrative review:
(a) Residential Uses:
1. Single-family detached dwellings.
2. Two-family dwellings.
3. Single-family attached dwellings.
4. Multi-family dwellings (limited to eight [8] or less
units per building) containing fifty (50) dwelling
units or less; and, containing seventy-five (75)
bedrooms or less.
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5. Group homes for up to eight (8) developmentally
disabled or elderly persons.
6. Mixed-use dwellings.
7. Extra occupancy rental houses with more than four
(4) tenants.
Section 2. That Section 4.5(B)(3)(a) of the Land Use Code is hereby amended to read
as follows:
(3) The following uses are permitted in the L-M-N District, subject to
Planning and Zoning Board review:
(a) Residential Uses:
1. Mobile home parks.
2. Group homes, other than allowed in subparagraph
(2)(a)5 above.
3. Multi-family dwellings containing more than eight
(8) units per building; or, containing more than fifty
(50) dwelling units; or, containing more than
seventy-five (75) bedrooms.
Section 3. That Section 4.6(B)(2)(a) of the Land Use Code is hereby amended to read
as follows:
(2) The following uses are permitted in the M-M-N District, subject to
administrative review:
(a) Residential Uses:
1. Single-family detached dwellings on lots containing
no more than six thousand (6,000) square feet.
2. Two-family dwellings.
3. Single-family attached dwellings.
4. Multi-family dwellings containing fifty (50)
dwelling units or less; and, containing seventy-five
(75) bedrooms or less.
5. Mixed-use dwellings.
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6. Group homes for up to eight (8) developmentally
disabled or elderly persons.
7. Extra occupancy rental houses with more than five
(5) tenants.
Section 4. That Section 4.6(B)(3)(1) of the Land Use Code is hereby amended to
read as follows:
(3) The following uses are permitted in the M-M-N District, subject to
Planning and Zoning Board review:
(a) Residential Uses:
1. Group homes, other than allowed in subparagraph
(2)(a) above.
2. Fraternity and sorority houses.
3. Multi-family dwellings containing more than fifty
(50) dwelling units; or, containing more than
seventy-five (75) bedrooms.
Section 5. That Section 4.10(B)(2)(a) of the Land Use Code is hereby amended to
read as follows:
(2) The following uses are permitted in the H-M-N District, subject to
administrative review:
(a) Residential Uses:
1. Multi-family dwellings containing fifty (50)
dwelling units or less; and, containing seventy-five
(75) bedrooms or less.
2. Mixed-use dwellings.
3. Group homes for up to eight (8) developmentally
disabled or elderly persons.
4. Extra occupancy rental houses with more than five
(5) tenants.
5. Fraternity and sorority houses.
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Section 6. That Section 4.10(B)(3)(a) of the Land Use Code is hereby amended to
read as follows:
(3) The following uses are permitted in the H-M-N District, subject to
Planning and Zoning Board review:
(a) Residential Uses:
1. Group homes, other than those permitted pursuant
to subparagraph (2)(a) above.
2. Multi-family dwellings containing more than fifty
(50) dwelling units; or, containing more than
seventy-five (75) bedrooms.
Section 7. That the table contained in Section 4.16(B)(2)A. of the Land Use Code is
hereby amended to read as follows:
Section 8. That Section 4.17(B)(2)(a) of the Land use Code is hereby amended to
read as follows:
Land Use Old City Center Canyon Avenue Civic Center
A. RESIDENTIAL
Two-family dwellings Not Permitted Type 1 Not
Permitted
Single-family attached dwellings (up to
four [4] units per building) Not Permitted Type 1 Type 1
Multi-family dwellings containing fifty
(50) dwelling units or less; and, containing
seventy-five (75) bedrooms or less.
BDR Type 2 Type 2
Multi-family dwellings containing more
than fifty (50) dwelling units; or,
containing more than seventy-five (75)
bedrooms.
Type 2 Type 2 Type 2
. . . . . . . . . . . .
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(2) The following uses are permitted in the R-D-R District, subject to
administrative review:
(a) Residential Uses:
1. Single-family attached dwellings.
2. Single-family detached dwellings containing no
more than eight hundred (800) square feet of floor
area, constructed on lots which contain existing
dwellings.
3. Two-family dwellings.
4. Multi-family dwellings containing fifty (50)
dwelling units or less; and, containing seventy-five
(75) bedrooms or less.
5. Group homes for up to eight (8) developmentally
disabled or elderly persons.
6. Mixed-use dwellings.
7. Extra occupancy rental houses with more than five
(5) tenants.
Section 9. That Section 4.17(B)(3)(a) of the Land Use Code is hereby amended to
read as follows:
(3) The following uses are permitted in the R-D-R District, subject to
Planning and Zoning Board review:
(a) Residential Uses:
1. Group homes other than those in 2(a) above.
2. Multi-family dwellings containing more than fifty
(50) dwelling units; or, containing more than
seventy-five (75) bedrooms.
Section 10. That Section 4.18 (B)(2)(a) of the Land Use Code is hereby amended to
read as follows:
(2) The following uses are permitted in the C-C District, subject to
administrative review:
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(a) Residential Uses:
1. Single-family attached dwellings.
2. Two-family dwellings.
3. Multi-family dwellings containing fifty (50)
dwelling units or less; and, containing seventy-five
(75) bedrooms or less.
4. Group homes.
5. Extra occupancy rental houses with more than five
(5) tenants.
6. Mixed-use dwellings.
Section 11. That Section 4.18(B)(3)(a) of the Land Use Code is hereby amended to
read as follows:
(3) The following uses are permitted in the C-C District, subject to
review by the Planning and Zoning Board:
(a) Residential Uses:
1. Fraternity and sorority houses.
2. Multi-family dwellings containing more than fifty
(50) dwelling units; or, containing more than
seventy-five (75) bedrooms.
Section 12. That Section 4.19(B)(2)(a) of the Land Use Code is hereby amended to
read as follows:
(2) The following uses are permitted in the C-C-N District, subject to
administrative review:
(a) Residential Uses:
1. Single-family detached dwellings on lots containing
less than six thousand (6,000) square feet.
2. Two-family dwellings.
3. Single-family attached dwelling.
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4. Multi-family dwellings containing fifty (50)
dwelling units or less; and, containing seventy-five
(75) bedrooms or less.
5. Group homes for up to eight (8) developmentally
disabled or elderly persons.
6. Extra occupancy rental houses with more than five
(5) tenants.
7. Mixed-use dwellings.
Section 13. That Section 4.19(B)(3)(a) of the Land Use Code is hereby amended to
read as follows:
(3) The following uses are permitted in the C-C-N District, subject to
review by the Planning and Zoning Board:
(a) Residential Uses:
1. Group homes, other than allowed in subparagraph
(2)(a)6 above.
2. Multi-family dwellings containing more than fifty
(50) dwelling units; or, containing more than
seventy-five (75) bedrooms.
Section 14. That Section 4.20(B)(2)(a) of the Land Use Code is hereby amended to
read as follows:
(2) The following land uses are permitted in the C-C-R District,
subject to administrative review:
(a) Residential Uses:
1. Single-family attached dwellings.
2. Two-family dwellings.
3. Group homes.
4. Multi-family dwellings. containing fifty (50)
dwelling units or less; and, containing seventy-five
(75) bedrooms or less.
5. Mixed-use dwellings.
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6. Extra occupancy rental houses with more than five
(5) tenants.
Section 15. That Section 4.20(B)(3)(a) of the Land Use Code is hereby amended to
read as follows:
(3) The following uses are permitted in the C-C-R District, subject to
review by the Planning and Zoning Board:
(a) Residential Uses:
1. Single-family detached houses located on lots
containing no more than six thousand (6,000)
square feet.
2. Fraternity and sorority houses.
3. Multi-family dwellings containing more than fifty
(50) dwelling units; or, containing more than
seventy-five (75) bedrooms.
Section 16. That the table contained in Section 4.21(B)(2)A. of the Land Use Code is
hereby amended to read as follows:
Land Use
I-25/SH 392
(CAC)
General Commercial
District (C-G)
A. RESIDENTIAL
Extra occupancy rental houses with 5 or
fewer tenants Not permitted BDR
Shelters for victims of domestic violence Not permitted BDR
Mixed-use dwellings Type 1 Type 1
Multi-family dwellings containing fifty
(50) dwelling units or less; and, containing
seventy-five (75) bedrooms or less.
Not permitted Type 1
Multi-family dwellings containing more
than fifty (50) dwelling units; or,
containing more than seventy-five (75)
bedrooms.
Not permitted Type 2
. . . . . . . . .
Section 17. That Section 4.22(B)(2)(a) of the Land Use Code is hereby amended to
read as follows:
(2) The following uses are permitted in the C-S District, subject to
administrative review:
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(a) Residential Uses:
1. Single-family detached dwellings located on lots
containing less than six thousand (6,000) square
feet.*
2. Two-family dwellings.*
3. Single-family attached dwellings.*
4. Multi-family dwellings containing fifty (50)
dwelling units or less; and, containing seventy-five
(75) bedrooms or less.*
5. Group homes.*
6. Extra occupancy rental houses with more than five
(5) tenants.*
7. Mixed-use dwellings.
* Not allowed within two hundred (200) feet of North College Avenue.
Section 18. That Section 4.22(B)(3) of the Land Use Code is hereby amended to read
as follows:
(3) The following uses are permitted in the C-S District, subject to
review by the Planning and Zoning Board:
(a) Residential Uses:
1. Multi-family dwellings containing more than fifty
(50) dwelling units; or, containing more than
seventy-five (75) bedrooms.
(ab) Institutional/Civic/Public Uses:
1. Major public facilities.
(bc) Commercial/Retail Uses:
1. Drive-in restaurants.
2. Large retail establishments.
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3. Day shelters, provided that they do not exceed ten
thousand (10,000) square feet and are located within
one thousand three hundred twenty (1,320) feet
(one-quarter [¼] mile) of a Transfort route.
4. Outdoor amphitheaters.
(cd) Industrial Uses:
1. Recycling facilities.
2. Transport terminals (truck terminals, public works
yards, container storage).
Section 19. That the table contained in Section 4.24(B)(2)A of the Land Use Code is
hereby amended to read as follows:
Land Use Riverside Area All Other Areas
A. RESIDENTIAL
Single-family detached dwellings BDR BDR
Two-family dwellings BDR BDR
Single-family attached dwellings BDR BDR
Multi-family dwellings containing fifty (50) dwelling units
or less; and, containing seventy-five (75) bedrooms or less. BDR Type 1
Multi-family dwellings containing more than fifty (50)
dwelling units; or, containing more than seventy-five (75)
bedrooms.
Type 2 Type 2
. . . . . . . . .
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Introduced, considered favorably on first reading, and ordered published this 6th day of
November, A.D. 2012, and to be presented for final passage on the 20th day of November, A.D.
2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 20th day of November, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk