HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/05/2019 - FIRST READING OF ORDINANCE NO. 019, 2019, MAKING VAgenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY February 5, 2019
City Council
STAFF
Ted Shepard, Chief Planner
Judy Schmidt, Legal
SUBJECT
First Reading of Ordinance No. 019, 2019, Making Various Amendments to the City of Fort Collins Land Use
Code.
EXECUTIVE SUMMARY
The purpose of this item is to adopt a variety of revisions, clarifications and additions to the Land Use Code
that are generally routine in nature that have been identified since the last update in June 2018.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Land Use Code was first adopted in March 1997. Subsequent revisions have been recommended on a
regular basis to make changes, additions, deletions and clarifications. While most revisions are bundled and
adopted on an annual basis, other changes may occur as needed so the Land Use Code retains maximum
effectiveness. The proposed changes are offered to resolve implementation issues and to continuously
improve both the overall quality and user friendliness of the Code.
BOARD / COMMISSION RECOMMENDATION
At its January 17, 2019, regular hearing, the Planning and Zoning Board unanimously adopted on the consent
agenda the staff recommendation that City Council approve the revisions.
PUBLIC OUTREACH
The proposed changes were listed on "This Week in Development Review," a weekly online notice that is
posted on the Planning Department's website and sent to approximately 435 subscribers.
ATTACHMENTS
1. List of Issues (PDF)
2. Description of Issues (PDF)
3. Ordinance Index of Issues (PDF)
Land Use Code Issues
Monday, January 28, 2019
Issue ID# Issue Name
1051 Placeholder for Ordinance formatting.
1085 Amend 1.3.4(C)(3)(b) - Addition of Permitted Use - City Council Approval - to resolve the discrepancy as to
the length of time needed for published notice in the newspaper.
1086 Amend 2.2.3(C)(1) - Development Applications Contents - to change out City Manager with Director as to who
establishes the master list of submittal requirerments.
1087 Amend 2.18.3(F) - Basic Development Review and Minor Subdivision Procedures - to clarify that Step 6,
Notice, is only applicable in cases where a Minor Subdivision results in the creation of a new lot, not for all
BDR's.
1088 Amend 4.5(D) - LMN Land Use Standards - to limit the number of Extra Occupancy Rental Houses to a
maximum of 25% of the project's total, amend 3.8.16 to add Neighborhood Centers and amend 3.8.28 for
clarification.
1091 Amend 5.1.2 - Definition of Subdivision - to re-state to include the condition where only one lot is being
platted and include a new definition for Plat.
Monday, January 28, 2019 Page 1 of 1
ATTACHMENT 1
Annotated Issue List
Land Use Code Maintenance Process
1051 Placeholder for Ordinance formatting.
A placeholder is needed for Ordinance formatting purposes only.
Not applicable.
Problem Statement
Proposed Solution Overview
Related Code Revisions
Ord. Section Code Cite Revision Effect
1 N.A.
1085 Amend 1.3.4(C)(3)(b) - Addition of Permitted Use - City Council Approval - to resolve the
discrepancy as to the length of time needed for published notice in the newspaper.
There are eight residential zone districts wherein a request for an Addition of Permitted
Use is forwarded to City Council as the final authority. This authority takes the form of an
Ordinance which, in turn, requires 15 days published notice in a newspaper of general
circulation within the City. The problem is that Section 1.3.4(C)(3)(b), which describes
the notification procedure at the Council level, does not clearly state the actual notification
requirement, but simply references the same notification as for zonings and rezonings of
parcel(s) that are less than 640 acres as contained in Section 2.9.4. Within this reference,
however, there are two competing notification requirements: one for the Planning and
Zoning Board hearing (seven days) and one for City Council (15 days) which creates
doubt as to which one prevails.
The proposed solution is to resolve the discrepancy in the cross-reference by removing
the cross-reference and then stating clearly that the notification at the City Council level
is 15-days published notice which is consistent with standard procedures.
Problem Statement
Proposed Solution Overview
Related Code Revisions
Ord. Section Code Cite Revision Effect
2 1.3.4(C)(3)(b) Clarifies that 15 days published notice is required.
1086 Amend 2.2.3(C)(1) - Development Applications Contents - to change out City Manager with
Director as to who establishes the master list of submittal requirerments.
When the Code was written, the City Manager was designated as having the authority to
establish the master list of development application submittal requirements. By so
designating, the intention was for Staff to be able to amend the list administratively versus
having to bring forward an Ordinance to City Council. Staff understood at the time that
the City Manager would, in all likelihood, not literally amend the list but delegate
accordingly. The problem is that this delegation relies on an inference and that the Code
would be clearer and more precise by replacing City Manager with Director.
The Code is clear that the Director, in turn, may also delegate accordingly. In Section
Problem Statement
Monday, January 28, 2019 Page 1 of 4
ATTACHMENT 2
1.4.9(E), the Code states:
“(E) Delegation of Authority. Whenever a provision appears requiring the Director or
some other City officer or employee to do some act or perform some duty, such provision
shall be construed as authorizing the Director or other officer or employee to designate,
delegate and authorize professional-level subordinates to perform the required act or duty
unless the terms of the provision specify otherwise.”
The proposed solution is to change out City Manager for Director.
Proposed Solution Overview
Related Code Revisions
Ord. Section Code Cite Revision Effect
3 2.2.3(C)(1) Allows the Director to establish the submittal requirements.
1087 Amend 2.18.3(F) - Basic Development Review and Minor Subdivision Procedures - to clarify
that Step 6, Notice, is only applicable in cases where a Minor Subdivision results in the
creation of a new lot, not for all BDR's.
The problem is that while adopting the new section to bring back the Minor Subdivision
as a Basic Development Review (BDR), we cast too wide a net regarding notification and
thereby inadvertently required all BDR,s, and not just Minor Subs that create one net new
lot, to provide notice in the form of a mailing to affected property owners within 800 feet,
posting of a sign and publishing in a newspaper of general circulation.
The proposed solution is to amend the standard to clarify that Step 6, Notice, is not
required for all BDR’s but only in cases of Minor Subdivisions and only those in which
the result is the creation of one new lot. Please note that in cases where an unplatted
metes and bounds lot undergoing the Minor Subdivision process to create a platted lot
with the same boundaries is already exempt from Step 6, Notice, per Section 2.18.2. This
exemption does not change with this code revision.
Problem Statement
Proposed Solution Overview
Related Code Revisions
Ord. Section Code Cite Revision Effect
4 2.18.3(F) Corrects the notification requirements for BDR's.
1088 Amend 4.5(D) - LMN Land Use Standards - to limit the number of Extra Occupancy Rental
Houses to a maximum of 25% of the project's total, amend 3.8.16 to add Neighborhood
Centers and amend 3.8.28 for clarification.
Multi-family, and some single family attached, developers are increasingly turning to a
trend to increase the number of bedrooms per unit. Since Fort Collins has an occupancy
standard that caps the maximum number of unrelated persons at three (known as you-plus-
two), any unit with more than three bedrooms is subject to special review per 3.8.16,
Occupancy Limits, Increasing the Number of Persons Allowed or 3.8.28 Extra Occupancy
Rental House Regulations whichever is applicable. These issues pertain to leasing models
that are either by-the-unit or by-the-bedroom.
Most of the multi-family (and some single family attached) projects, where increasing the
number of bedrooms per unit to greater than three, have been in zone districts where multi-
family is permitted without restrictions.
Problem Statement
Monday, January 28, 2019 Page 2 of 4
The problem is that now we are seeing developments with more than three bedrooms per
unit in the L-M-N zone district where multi-family is required to be more limited so that
development in the L-M-N continues to be distinct from other zone district. These
restrictions are as follows:
• No more than 12 units per building;
• No more than 14,000 square feet per building; and
• No more than 9.00 dwelling units per gross acre.
As a result, we are now seeing projects in the L-M-N that are more suited in:
M-M-N Medium Density Mixed-Use Neighborhood;
H-M-N High Density Mixed-Use Neighborhood;
D Downtown;
R-D-R River Downtown Redevelopment;
C-C Community Commercial; and
C-C-N Community Commercial – North College.
City Plan clearly envisions the L-M-N district to be distinctive from other zone districts
where multi-family is permitted in a more unlimited fashion. (See Policies L-M-N LIV 28
versus M-M-N LIV 29). In order to preserve this distinctiveness, staff recommends
capping the number of units that would be allowed to have more than three bedrooms at
25% of the project's total number of units.
For reference, the definition of EORH:
“Extra occupancy rental house shall mean a building or portion of which is used to
accommodate, for compensation, four (4) or more tenants, boarders or roomers, not
including members of the occupant's immediate family who might be occupying such
building. The word compensation shall include compensation in money, services or other
things of value.”
As can be seen by the definition, the EORH envisions two distinct types:
• Single Family Detached Dwellings. Typically, these are existing houses that were
constructed or converted to include more than three bedrooms and are governed by
Section 3.8.28.
• Dwelling Units Contained Within a Larger Structure. Typically, these are multi-family
dwelling units that are proposed as part of development plan and are governed by Section
3.8.16.
The basis for capping the total number of EORH to at 25% in L-M-N zone is based on
3.8.28(A) which governs EORH in single family dwellings. This standard states:
“No more than 25% of parcels on a block face may be approved for extra occupancy
rental house use.”
Staff contends that capping the number of EORH units at 25% within an L-M-N multi-
family or single family attached project is roughly equivalent to the current cap of 25% of
single family detached on a block face. Both address preserving the distinction between L-
M-N and other zone districts which allow higher densities.
Staff also recommends taking the opportunity at this time to enrich the menu of extra
features that are needed in order for an applicant to justify including EORH’s within a
multi-family or single familly attached project by adding Neighborhood Centers. This
Monday, January 28, 2019 Page 3 of 4
revision would be added to Section 3.8.16 which is a General Development Standard, but,
per the definition, would only apply within the L-M-N district.
The primary proposed solution is to amend the L-M-N zone district, Land Use Standards,
to cap the number of units that include more than three bedrooms per unit to a maximum
of 25% of the total number of units of any single P.D.P. application by adding a new sub-
section. Secondarily, revisions are offered to enhance multi-family mitigation options
and to clarify the distinction between EORH in multi-family dwelling units (governed by
3.8.16) and single family dwellings (governed by 3.8.28)
Proposed Solution Overview
Related Code Revisions
Ord. Section Code Cite Revision Effect
5 3.8.16(E) Clarifies applicability to single family attached and multi-
family and adds Neighborhood Center as an allowable
mitigating amenity.
6 3.8.28(A) Clarifies the difference between single family detached
regulations and single family attached and multi-family
regulations.
8 4.5(D) Caps the number of Extra Occupancy Rental Houses in
LMN to 25% of project total.
1091 Amend 5.1.2 - Definition of Subdivision - to re-state to include the condition where only one
lot is being platted and include a new definition for Plat.
The problem is that the current definition states that a subdivision means the platting of a
lot or the division of a lot, tract or parcel of land into two (2) or more lots, plots or sites.
This definition does not acknowledge that a subdivision may also include the creation of
one lot and does not always result in two or more lots. For example, the City requires that
in order to issue a building permit, the building must be on a platted lot. (There are
exceptions for out-buildings on farms.) But we have seen cases where older parcels were
created without a plat or were annexed into the City and simply legally described by a
metes and bounds legal description and not by a subdivision of land via a plat. In these
cases, the platting of a one-lot subdivision would be perfectly normal.
The current definition is not consistent with Section 2.18, Basic Development Review and
Minor Subdivisions, which outlines the procedures for one-lot subdivisions.
Also proposed is a new definition for Plat since platting is referenced in the definition of
Subdivision.
The proposed solution is to amend the definition of Subdivision and add a new definition
for Plat.
Problem Statement
Proposed Solution Overview
Related Code Revisions
Ord. Section Code Cite Revision Effect
9 5.1.2 Creates a new definition of Plat.
10 5.1.2 Amends the existing definition of Subdivision to allow for a
one-lot subdivision.
Monday, January 28, 2019 Page 4 of 4
Land Use Code Revisions
Annotated Ordinance Index
Ord. Section # Code Cite Revision Effect Issue
Amend 4.5(D) - LMN Land Use Standards - to limit
the number of Extra Occupancy Rental Houses to a
maximum of 25% of the project's total, amend 3.8.16
to add Neighborhood Centers and amend 3.8.28 for
clarification.
1088
1 N.A. 1051 Placeholder for Ordinance formatting.
1.3.4(C)(3)(b) Clarifies that 15 days published notice is required. Amend 1.3.4(C)(3)(b) - Addition of Permitted Use -
City Council Approval - to resolve the discrepancy as
to the length of time needed for published notice in the
newspaper.
2 1085
2.2.3(C)(1) Allows the Director to establish the submittal requirements. Amend 2.2.3(C)(1) - Development Applications
Contents - to change out City Manager with Director
as to who establishes the master list of submittal
requirerments.
3 1086
2.18.3(F) Corrects the notification requirements for BDR's. Amend 2.18.3(F) - Basic Development Review and
Minor Subdivision Procedures - to clarify that Step 6,
Notice, is only applicable in cases where a Minor
Subdivision results in the creation of a new lot, not for
all BDR's.
4 1087
3.8.16(E) Clarifies applicability to single family attached and multi-
family and adds Neighborhood Center as an allowable
mitigating amenity.
Amend 4.5(D) - LMN Land Use Standards - to limit
the number of Extra Occupancy Rental Houses to a
maximum of 25% of the project's total, amend 3.8.16
to add Neighborhood Centers and amend 3.8.28 for
clarification.
5 1088
3.8.28(A) Clarifies the difference between single family detached
regulations and single family attached and multi-family
regulations.
Amend 4.5(D) - LMN Land Use Standards - to limit
the number of Extra Occupancy Rental Houses to a
maximum of 25% of the project's total, amend 3.8.16
to add Neighborhood Centers and amend 3.8.28 for
clarification.
6 1088
4.5(D) Caps the number of Extra Occupancy Rental Houses in
LMN to 25% of project total.
Amend 4.5(D) - LMN Land Use Standards - to limit
the number of Extra Occupancy Rental Houses to a
maximum of 25% of the project's total, amend 3.8.16
to add Neighborhood Centers and amend 3.8.28 for
clarification.
8 1088
Monday, January 28, 2019 Page 1 of 2
ATTACHMENT 3
Ord. Section # Code Cite Revision Effect Issue
5.1.2 Creates a new definition of Plat. Amend 5.1.2 - Definition of Subdivision - to re-state to
include the condition where only one lot is being
platted and include a new definition for Plat.
9 1091
5.1.2 Amends the existing definition of Subdivision to allow for
a one-lot subdivision.
Amend 5.1.2 - Definition of Subdivision - to re-state to
include the condition where only one lot is being
platted and include a new definition for Plat.
10 1091
Monday, January 28, 2019 Page 2 of 2
-1-
ORDINANCE NO. 019, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING VARIOUS AMENDMENTS TO THE CITY OF
FORT COLLINS LAND USE CODE
WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City
Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and
WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding
of staff and the City Council that the Land Use Code 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 Land Use Code remains a dynamic document capable of responding
to issues identified by staff, other land use professionals and citizens of the City; and
WHEREAS, since its adoption, City staff and the Planning and Zoning Board have
continued to review the Land Use Code and identify and explore various issues related to the
Land Use Code and have now made new recommendations to the Council regarding certain
issues that are ripe for updating and improvement; and
WHEREAS, the City Council has determined that the recommended Land Use Code
amendments 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 as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 1.3.4(C)(3)(b) of the Land Use Code is hereby amended to
read as follows:
1.3.4 Addition of Permitted Uses
. . .
(C) Procedures and Required Findings
. . .
(b) In considering the recommendation of the Planning and Zoning Board and
in determining whether a proposed use should be added, the City Council
shall follow the notice requirements for Council action that are established
for zonings and rezonings of areas of no more than six hundred forty (640)
acres in size as set forth in Section 2.9.4 of this Land Use Code the City
Clerk shall cause the hearing by the City Council to be placed on the
-2-
agenda for a future City Council meeting; and the public hearing before
the City Council shall be held after at least fifteen (15) days' notice of the
time, date and place of such hearing and the subject matter of the hearing
and the nature of the proposed zoning change has been given by
publication in a newspaper of general circulation within the City and City
Council shall follow the applicable hearing procedures established by the
City Council by resolution for such hearings. In determining the addition
of permitted use, the City Council shall consider only the requirements set
forth in subsection (c) below.
. . .
Section 3. That Section 2.2.3(C)(1) of the Land Use Code is hereby amended to read
as follows:
2.2.3 Step 3: Development Application Submittal
. . .
(C) Development Application Contents.
(1) Development Application Submittal Requirements Master List. A master list of
development application submittal requirements shall be established by the City
Manager Director. The master list shall, at a minimum, include a list of all
information, data, explanations, analysis, testing, reports, tables, graphics, maps,
documents, forms or other items reasonably necessary, desirable or convenient to
(1) determine whether or not the applicant, developer and/or owner have the
requisite power, authority, clear title, good standing, qualifications and ability to
submit and carry out the development and/or activities requested in the
development application; and (2) determine whether or not the development
activities and development application address and satisfy each and every
applicable general development standard, district standard or other requirement or
provisions of this Land Use Code.
Section 4. That Section 2.18.3(F) of the Land Use Code is hereby amended to read as
follows:
2.18.3 Basic Development Review and Minor Subdivision Review Procedures
. . .
(F) Step 6 (Notice): Applicable only for Minor Subdivisions that result in the creation
of no more than one (1) additional lot.
. . .
-3-
Section 5. That Section 3.8.16(E) of the Land Use Code is hereby amended to read as
follows:
3.8.16 Occupancy Limits; Increasing the Number of Persons Allowed
. . .
(E) Increasing the Occupancy Limit.
. . .
(2) With respect to multiple-family and single family attached 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 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 sufficient additional
amenities, either public or private, to sustain the activities associated with multi-
family residential development, to adequately serve the occupants of the
development and to protect the adjacent neighborhood. Such amenities may
include, without limitation, passive open space, buffer yards, on-site management,
recreational areas, plazas, courtyards, outdoor cafes, neighborhood centers,
limited mixed-use restaurants, parking areas, sidewalks, bikeways, bus shelters,
shuttle services or other facilities and services.
. . .
Section 6. That Section 3.8.28 of the Land Use Code is hereby amended to read as
follows:
3.8.28 Extra Occupancy Rental House Regulations
(A) Extra occupancy rental houses, not including multiple family and single family
attached dwellings which shall be governed by Section 3.8.16(E)(2), shall
conform to the occupancy limits and separation requirements specified in the
following table:
. . .
Section 7. That section 3.8.32(D) of the Land Use Code is hereby amended to read as
follow:
3.8.32 Solar Energy Systems.
. . .
-4-
(D) Standards for Small, Medium and Large-scale Solar Energy Systems. Solar
energy systems shall conform to the applicable size-based regulations as set out in
this subsection (D):
(1) Small-Scale Solar Energy Systems.
(a) Maximum Lot Size. Covering less than Oone-half (0.5) acre.
. . .
(2) Medium-Scale Solar Energy Systems.
(a) Lot Size. Covering Bbetween one-half (0.5) acre and five (5) acres.
. . .
(3) Large-Scale Solar Energy Systems.
(a) Lot Size. Greater Covering more than five (5) acres.
. . .
Section 8. That Section 4.5(D) of the Land Use Code is hereby amended by the
addition of a new subparagraph (9) which reads in its entirety as follows:
(D) Land Use Standards.
(9) Maximum Number of Dwelling Units Defined As Extra Occupancy Rental House.
The maximum number of dwelling units defined as Extra Occupancy Rental
Houses shall be depicted on an application for a Project Development Plan and
shall be limited to twenty-five (25) percent of the total number of dwelling units
of said plan.
Section 9. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of a new definition “Plat” which reads in its entirety as follows:
Plat shall mean (1) a map of a subdivision; (2) a map of a parcel or parcels contained
within an annexation; (3) a map representing a tract of land showing the boundaries and
location of individual properties and streets;
Section 10. That the definition “Subdivision” contained in Section 5.1.2 of the Land
Use Code is hereby amended to read as follows:
Subdivision shall mean the platting of a lot or the division of a lot, tract or parcel of land
into two (2) one (1) or more lots, plots or sites.
-5-
Introduced, considered favorably on first reading, and ordered published this 5th day of
February, A.D. 2019, and to be presented for final passage on the 19th day of February, A.D.
2019.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 19th day of February, A.D. 2019.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk