Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/28/2020 - MANUFACTURED HOUSING ZONING AND RESIDENTS' RIGHTSDATE: STAFF: April 28, 2020 Ryan Mounce, City Planner Tom Leeson, Director, Comm Dev & Neighborhood Svrs JC Ward, Senior Planner WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Manufactured Housing Zoning and Residents' Rights Update. EXECUTIVE SUMMARY The purpose of this item is to discuss details and options for a new manufactured housing zone district and to provide an update on implementation of manufactured housing residents’ rights and livability strategies. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Manufactured Housing Zoning 1. Does Council prefer a zone district designed exclusively for manufactured housing preservation (Option A), or a broader zone district that also permits affordable housing options (Option B)? 2. What guidance does Council have on the proposed evaluation criteria for rezoning of existing manufactured housing communities to a new zone district? Residents’ Rights and Livability Strategies 3. Does Council want to pursue mobile home community licensing as an option to address livability issues? BACKGROUND / DISCUSSION City Council has identified mobile home park preservation and resident protections as a priority and in August 2019 instituted a one-year moratorium on the City’s acceptance of any development application which would result in the closure or loss of capacity within existing mobile home parks. In December 2019, staff provided an update at a Council Work Session that a new zoning district is one of the strongest local tools available to help preserve existing manufactured housing and introduced a number of new residents’ rights and livability strategies planned for implementation in 2020 (Attachment 1). As a follow-up, this 2020 work session item presents an update on final elements of the new manufactured housing zone district as well as additional information on manufactured housing licensing as a potential livability strategy. Manufactured Housing Zone District A new manufactured housing zone district is intended to preserve existing manufactured housing communities by limiting options for redevelopment into alternative land uses. While manufactured housing communities may close for any number of reasons, redevelopment can be a primary driver, especially for those parks located in zone districts which permit a wide variety and intensity of land uses, or for parks located in areas where redevelopment activity is occurring or anticipated. Limiting alternative land uses may reduce overall redevelopment pressure and incentivize the continued operation of existing manufactured housing communities as the land use best able to generate long-term income for property owners. For both the residents and owners of manufactured housing communities, a manufactured housing zone district provides clear direction about the community’s long term desire to preserve this type of housing. April 28, 2020 Page 2 At the same time, there are different tensions and tradeoffs involved in creating a new zone district which strictly limits the availability of other permitted land uses, including: ▪ Preservation of a unique, limited, and affordable type of housing in the community ▪ The potential to perpetuate substandard infrastructure conditions ▪ Limiting a site’s contribution to a broader neighborhood or communitywide land use vision ▪ Impacts to property rights of existing owners The final standards of a new zone district will ultimately influence these tradeoffs and staff’s initial draft of zone district requirements and permitted land uses emphasizes the preservation of existing manufactured housing as a primary consideration. Additionally, because the zone district has been designed to preserve existing manufactured housing, the proposed standards are intended only for existing manufactured home development and would not necessarily apply to new development on vacant land. The new zone district standards are also intended to be broadly applicable to a wide variety of existing development conditions while maintaining health, safety, and compatibility requirements. The act of rezoning a property to a new zone district does not trigger any retroactive requirements so long as the existing site complies with its original development approvals. Rather, the impact of the new standards only comes into enforcement if changes or redevelopment are proposed, or through the passive preservation of the site that results by limiting potential redevelopment to a smaller variety of land uses. Details of the general zone district standards are described below, followed by two framework options for a different set of permitted land uses. Staff is seeking additional Council direction on the draft standards and the framework options prior to preparing a final package of Land Use Code changes. New Zone District: Definitions Prior to the implementation of a new zoning district, staff recommends updates to several Land Use Code definitions to modernize how manufactured housing and manufactured housing communities are described. The current draft definitions would include, or be similar to: Manufactured home shall mean a preconstructed, transportable dwelling unit built on a permanent chassis and installed on a foundation system. The term manufactured home shall also include mobile homes, which are similar transportable dwelling units constructed prior to federal manufactured home standards adopted in 1976. Manufactured housing community shall mean a parcel of land which has been planned, improved, or is currently used for the placement of five or more manufactured homes. Manufactured housing communities may also contain accessory uses intended primarily for the use and benefit of their residents, including but not limited to clubhouses, playgrounds and recreational amenities, childcare, meeting and assembly spaces, retail, and personal and business services. These updated definitions are intended to: ▪ Define manufactured housing and manufactured housing communities (MHC) as the preferred terminology for what are commonly called mobile homes and mobile home parks. ▪ Create consistency and reflect changes in terminology and definitions that have occurred at the federal and state-levels for this type of housing. ▪ Define manufactured housing communities as a land use only when five or more manufactured homes are included on a site, aligning with new state definitions. ▪ Explicitly describe and permit supporting, accessory land uses within manufactured housing communities (additional detail below). During research and outreach for the new zoning district, staff learned about many different types of accessory uses and activities that already occur in some of the manufactured housing communities in the City and Growth Management Area (GMA), including after-school programs, social clubs, educational classes, in-home childcare, religious gatherings, and small-scale retail/vending that serves the needs of residents and their homes (e.g., the April 28, 2020 Page 3 sale of cleaning supplies or gardening tools). The new definition for a manufactured housing community seeks to explicitly permit these types of activities and uses which are designed and operated primarily for the benefit and support of manufactured housing community residents, as opposed to a wider city audience or customer base. Similar to newer multifamily apartment complexes which provide recreational clubhouses, conference/party rooms, and other activities, these accessory uses act as supporting elements to an otherwise primarily residential development. New Zone District: Dimensional, Size and Density Standards The proposed setback and dimensional standards for the new zone district include: ▪ Minimum 15-foot front yard setbacks (e.g. space required between buildings and the front property line) ▪ Minimum 10-foot side and rear setbacks (e.g. space required between buildings and the side or rear property line) ▪ Minimum 10-foot separation between each manufactured home unit The proposed density for the new zone district: ▪ Maximum of 12 dwelling units per acre Most of the existing manufactured housing communities within city limits are currently located in the Low Density Mixed-Use Neighborhood (LMN) zone district. The LMN district permits up to 12 dwelling units per acre for designated affordable housing projects. While manufactured housing communities are not designated affordable housing (e.g., deed-restricted), they often have similar or cheaper housing costs, and as such, staff is proposing a similar maximum density threshold. The proposed density and setbacks described above are also generally consistent with the existing conditions found in these communities as well as other residential zone districts in Fort Collins which will serve to limit nonconformities with the new zone district standards. A maximum building size and building height is also proposed for the zone district: ▪ Nonresidential building footprints shall be limited to a maximum of 5,000 square feet ▪ Maximum building height of three (3) stories In the event that portions of an existing manufactured housing community is (re)developed, the new zone district can include a maximum building footprint size, reflecting the general character of manufactured housing communities which tend to feature smaller building footprints. The maximum building height of three stories is consistent with the underlying zone districts where other manufactured housing communities are already located. While it is unlikely the height limit would be applicable to traditional manufactured homes, it may be relevant for other types of land uses or (re)development in the zone district, and is also consistent with the height limits of other zone districts in the City with similar development intensities. Permitted Land Uses - Two Options It is likely the land uses which are permitted in the new zone district will have the greatest impact on the preservation of manufactured housing. Two potential framework options are presented below that focus strictly on manufactured housing preservation (Option A), or which also include opportunities for redevelopment if it includes affordable housing (Option B). For both options, the permitted commercial and industrial uses and overall intensity of development are more limited compared to the zone districts where existing manufactured housing communities are currently located. Option A: Manufactured Housing Preservation The following table summarizes the proposed land uses permitted for Option A, broken down by Residential, Commercial/Institutional and Miscellaneous categories. April 28, 2020 Page 4 Residential Uses Commercial/Institutional Uses Miscellaneous Uses Manufactured housing community Childcare centers Urban agriculture Shelters for victims of domestic violence Adult day/respite care centers Neighborhood parks Group homes Places of worship or assembly Parks, recreation and other open lands Extra occupancy rental houses Minor public facilities Short term primary rentals Wireless telecommunications equipment As part of a strict preservation-minded zone district, Option A includes very few permitted land uses, primarily manufactured housing communities and other land uses which complement residential development or support other community priorities, such as childcare, group homes, neighborhood parks, and urban agriculture. Option B: Affordable Housing Options The following table summarizes the proposed land uses permitted for Option B, broken down by Residential, Commercial/Institutional and Miscellaneous categories. Option B permits additional land uses compared to Option A, highlighted in bold text. Residential Uses Commercial/Institutional Uses Miscellaneous Uses Manufactured housing communities Childcare centers Urban agriculture Shelters for victims of domestic violence Adult day/respite care centers Neighborhood parks Group homes Places of worship or assembly Parks, recreation and other open lands Extra occupancy rental houses Minor public facilities Short term primary rentals Wireless telecommunications equipment Single family detached dwellings* Single-family attached dwellings* Two-family dwellings* Multifamily dwellings* * Requires an equivalent number of affordable units when (re)development results in the loss of manufactured home units. The key difference for Option B is the inclusion of additional residential land uses, with a condition that these units be designated affordable if their development results in the loss of any existing manufactured housing units. This option more explicitly permits private or public redevelopment which preserves an equivalent number of affordable units, rather than the sole preservation of only manufactured homes. Option B may address concerns and ideas heard from stakeholders that a new manufactured housing zone district may perpetuate substandard infrastructure conditions which are often resolved during a site’s redevelopment absent other programs/funding sources. Option B may also allow properties a greater role in contributing to a long-term neighborhood or corridor vision and evolution. Conversely, while an equivalent number of affordable units may be preserved, Option B does not guarantee such units would be made available to existing residents of a manufactured housing and redevelopment could still April 28, 2020 Page 5 result in resident displacement and the loss of this unique and hard-to-replicate housing option. If framework Option A is used to guide the new zone district, the intent behind Option B or other similar ideas, could still be possible using existing Land Use Code processes, such as a request to rezone a property or through the Addition of a Permitted Use process. Both processes featured enhanced community outreach and require public hearings with both the Planning and Zoning Board and ultimately City Council approval. Rezoning Evaluation Criteria In addition to new zone district standards, future evaluation of sites to rezone to the new zone district will also be necessary. Staff has prepared a preliminary list of criteria it plans to use to help inform decision-making for voluntary or involuntary rezoning of properties. Many of these criteria were originally developed and proposed in the City’s 2013 Affordable Housing Redevelopment and Mitigation Strategy (Attachment 2) which first proposed the idea of a new manufactured housing zone district in the community. ▪ Community/Park Size (Acres and Units) Larger communities may represent a better candidate for rezoning as they represent the majority of land area and inventory of existing manufactured housing units in the community. Larger parks also tend to offer more resident amenities, on-site management, and may be better positioned to fund or amortize maintenance costs and infrastructure upgrades over a larger unit and revenue base. In city limits, the largest communities also tend to be located in commercial or commercial-adjacent areas where redevelopment may be more likely. ▪ Presence of natural hazards The presence of natural or geologic hazards (e.g. floodplains) could be a safety concern and perpetuate unsafe conditions by limiting redevelopment into other land uses or buildings that meet current floodplain standards and regulations. In application, fewer than 10 units in the City’s current manufactured housing inventory are located in floodplains based on current mapping. ▪ Owner-Occupied Units Existing communities feature a variety of housing tenure conditions. Some residents own their unit and only pay lot rent, while others may pay rent for both a unit and land underneath. For communities with a higher percentage of owner-occupied units, there can be additional concern about park closure due to the stranding of assets if residents are unable to find a new location for their home or if they are unable to afford relocation expenses. Communities with a higher proportion of owner-occupied units may be more suitable candidates for rezoning. ▪ City Plan and Subarea Plan Guidance Long-term land use guidance is provided by City Plan and neighborhood or corridor. These documents provide recommendations about the anticipated changes in neighborhood character, redevelopment, and future land use vision. Any rezoning should be consistent with Fort Collins’ comprehensive plan (City Plan). Guidance from the recent City Plan update generally indicates residential zoning for existing manufactured housing communities, which is likely consistent with the new zone district. ▪ Prior Zoning History Prior to 1997, the City had two mobile home park zone districts, with a similar set of land use and dimensional standards to the zone district being developed. For existing manufactured housing communities that were previously located in these zone districts, a rezoning would represent the return to a similar set of permitted land uses and standards. ▪ Infrastructure Conditions A wide variety of infrastructure conditions exists across existing manufactured housing communities, both known and unknown. Communities with more modern infrastructure, or where upgrades have recently been completed may be better positioned for long-term operations as a manufactured housing community and more suitable candidates for rezoning. April 28, 2020 Page 6 ▪ Stakeholder Outreach As with other (re)zoning processes, stakeholder outreach is an important part of the process. Outreach is ongoing, including updates to the Planning and Zoning and Affordable Housing Boards, and meetings and input with owners/managers of existing communities and residents of manufactured housing. Due to COVID- 19 precautions, some of the planned input opportunities with stakeholders have been delayed and/or will be reoriented towards other formats. Staff anticipates sharing additional input with Council via memo in the coming weeks as additional outreach resumes. Licensing and Residents’ Rights Strategies Update The cross-departmental residents’ rights technical team, established in September 2019 to support Council priorities around manufactured housing livability, continues to meet biweekly to implement three projects to improve transparency and accessibility of resources: Manufactured Housing Community Handbook, Manufactured Housing Neighborhood Improvement and Community-Building Mini-Grants, and Manufactured Housing Neighborhood Liaisons. Internal and external stakeholder groups, resident groups, and manufactured housing community managers and owners are now playing an integral role in identifying livability issues, collaborating with City Staff to access resources, and providing a support network for mobile home community residents. Through this public engagement work, the residents’ rights technical team identified mobile home park licensing and associated inspections as an additional, feasible strategy to protect and enhance neighborhood livability. Implementation Progress: Short-Term Goals (estimated completion March-June 2020) Proposed Municipal Code Changes related to manufactured housing community livability and utility billing transparency will be submitted for Council’s consideration in Q2 2020. Draft ordinance language is attached. (Attachment 3) Proposed Municipal Code Changes 1. Draft ordinance for utility billing transparency directs MHC owners to provide residents the calculations and criteria to manage rebilling for any combined utility services. Customer support for MHC owners and managers to rebill utility services will be provided through Utilities Customer Accounts Department. Resident support for MHC tenants with concerns about utility billing transparency will be provided through Neighborhood Services. 2. Draft ordinance makes tree trimming in manufactured housing communities the responsibility of the MHC owner without passing the costs to residents occupying the lot(s). 3. Draft ordinance adds the following to the existing emergency contact posting requirement: a. Onsite manager’s name and office hours are required to be posted b. All emergency contact information must be posted in English and Spanish 4. Draft ordinance expands the protection for assembling or participating in manufactured housing homeowner’s association meetings (under Colorado state law) to include neighborhood or community meetings for renters and other residents. Enhanced Customer Service 1. Utilities Customer Accounts will work with MHC owners and managers to provide guidance in helping them understand current utility rates and methodology for rebilling combined utility services, that are passed along to residents. 2. To support best management practices for MHC owners and managers, Utilities Customer Accounts will develop a series of spreadsheets to assist MHC owners accurately calculate the bill for each resident. Spreadsheets will be updated annually. Customer Accounts staff is already available to provide this type of information and assistance to MHC owners upon request. Messaging about the availability of this service is incorporated into the public engagement plan for this project. 3. Utilities Community Engagement is researching options regarding manufactured housing community resident eligibility for income-qualified assistance program (IQAP) and will report findings when Utilities April 28, 2020 Page 7 Affordability Programs (UAP) changes are brought before Council. Code amendments were originally scheduled to come before Council on June 2, 2020, however due to COVID-19 emergency response, this has been delayed and amendments may not come before Council until 2021. In the meantime, Utilities Community Engagement is working closely with Neighborhood Services and neighborhood liaisons to provide information to residents about UAP offerings for which they are currently eligible. Utilities Community Engagement Staff are also providing application assistance to community members to help them apply for appropriate UAP offerings. State-Level Changes related to Mobile Home Park Livability 1. Through the Mobile Home Park Oversight Act Dispute Resolution and Enforcement Program (“Program”), the State of Colorado created a system for MHC registration and investigation of complaints related to the Mobile Home Park Oversight Act. 2. Prohibition of retaliation and/or specific forms of retaliation and limitations on required upgrades to existing mobile homes are clearly outlined in the Colorado Department of Local Affairs Administrative Rules for the Program. City staff recommends no additional Municipal Code changes at this time on these two livability issues, as they are adequately addressed by the Program. Implementation Progress: Mid-Term Goals (estimated completion July-December 2020) 1. Incentivized mediation participation for resident groups, managers, and property owners was determined by Neighborhood Services Mediation staff as unfeasible due to the unbalanced power dynamic between MHC owners/managers and residents. Community Mediation programs remain an available tool for conflict resolution in disagreements between residents. 2. Existing Access Fort Collins tools are being adapted to report MHC resident complaints that are outside the scope of the statewide Program. 3. Budgeting for Outcomes offer for Manufactured Housing Community Neighborhood Grant Fund for infrastructure projects similar to the Vibrant Neighborhood Grant and Community Redevelopment Grant programs funded in the past is currently on hold pending decisions on 2021-22 budget process and guidelines. 4. Through research with internal enforcement groups in Neighborhood Services Code Compliance, Zoning, Building, Utilities Environmental Regulatory Services, and Police Services, gaps in enforcement on mobile home park-specific livability ordinances were determined. Additional resources will be required to address this issue. Implementation Progress: Long-Term Goals (estimated completion after December 2020) 1. An inventory of existing owner installed sub-metered water systems in MHCs is underway. Neighborhood Services and Utilities Customer Accounts are working with MHC owners and managers to determine best practices to distribute utility expenses, including the use of submeters. The installation of sub-meters can support rate discount programs based on income. 2. A La Familia staff member working under the Home 2 Health grant is serving as a valuable Manufactured Housing Neighborhood Liaison for MHC residents in the North College areas in Council Districts 1 and 6, as well as assisting with coordination of messaging for all MHC residents in Fort Collins. Existing Neighborhood Services staff is serving as Manufactured Housing Neighborhood Liaison for 55+ communities. An additional, dedicated Neighborhood Liaison position was in the final stages of the hiring process when a hiring freeze due to COVID-19 was implemented by the City of Fort Collins. Licensing of Manufactured Housing Communities The MHC strategies to address residents’ rights rely heavily on reporting by residents to begin an investigation or offer resources to address manufactured housing community-specific issues. MHCs represent an important housing choice in Fort Collins. While residents may own or rent their home, they always rent the pad the home rests upon. Residents of manufactured housing communities may not have the means to rent or purchase in other neighborhood types. Due to limited availability of manufactured housing units and lots, residents expressed April 28, 2020 Page 8 discomfort and fear of eviction and retaliation for reporting livability issues to the City. City-initiated strategies to assure residents’ rights will need to expand to incorporate additional proactive methods of identifying livability issues, such as manufactured housing community licensing. An MHC licensing program would require additional financial and staffing resources to develop a licensing program, train staff on MHC licensing inspections, implement annual MHC inspections, and enforce penalties for deficiencies. In researching MHC licensing programs in Colorado, no effective implementation of inspection and enforcement to use as a model could be identified. However, the Community Development and Neighborhood Services Chief Building Official worked with very successful, ongoing MHC licensing programs in municipalities in his previous position in Austin, Texas and maintains positive relationships with municipal staff implementing that program and a similar licensing program in Amarillo, Texas. Both municipalities have been willing to share information and best practices for their MHC licensing programs. A Fort Collins program modeled on those programs would include funding for inspections and administrative costs through licensing fees paid by manufactured housing community owners. Given the recent addition of MHC registration fees and the cost of mobile home lot rent in Fort Collins, particular consideration would need to be given to the additional costs of any MHC licensing fees that might be passed along to residents. ATTACHMENTS 1. December 2019 Manufactured Housing Work Session Summary (PDF) 2. Affordable Housing Redevelopment Displacement Mitigation Strategy (PDF) 3. Proposed Municipal Code Changes (PDF) 4. PowerPoint Presentation (PDF) ATTACHMENT 1 ATTACHMENT 2 Proposed Municipal Code Changes/Updates Related to Mobile Home Park Livability Per request from Council for research and Staff recommendation 4.17.20 1. Propose as an amendment to City of Fort Collins Municipal Code Sec. 18-6(a) Designation of Manager – Every mobile home park shall designate a person to act as manager of the park for the purpose of providing supervision of such mobile home park. Such manager shall be accessible to park residents and the public during reasonable and convenient times. An emergency telephone number, on-site manager’s name, and regular office hours shall be posted in a conspicuous location near the park entrance or on-site manager’s office with instructions for emergency contact in both English and Spanish. 2. Propose as an addition to City of Fort Collins Municipal Code Sec. 18-6 Limitation on Required Upgrades to Existing Mobile Homes. No person, including mobile home park owners and property managers, shall require a mobile home resident to make improvements to a mobile home or mobile home lot aside from maintenance, repair, and upkeep related to the mobile home’s exterior to ensure that it complies with the mobile home park’s rules and regulations, so long as such rules and regulations are in compliance with applicable local, state and federal law. 3. Propose as an addition to City of Fort Collins Municipal Code Sec. 18-6 Neighborhood and Community Meetings. No mobile home park owner or property manager shall prohibit or interfere with peaceful assemblies of neighborhood groups and/or community meetings in the mobile home park. A mobile home park owner and/or manager shall not take any retaliatory actions against a resident for participation in community meetings. 4. Propose as an addition to City of Fort Collins Municipal Code Sec. 18-6(c) Trees in mobile home parks are the responsibility of park owners. No park owner shall require a resident to bear the expense of maintenance of trees in a mobile home park. 5. Propose as amendment to City of Fort Collins Municipal Code Sec. 26-725 Mobile home park owners billing residents for water, wastewater, and stormwater service (a) Application. This section shall apply to customers that are mobile home park owners, as defined in Chapter 18. (b) Water. A mobile home park owner shall be entitled to bill and collect from the residents of the mobile home park a sum total amount equal to the sum of the water- related rates, fees, and charges imposed pursuant to§ 26-118, § 26-119, § 26-213, § 26-126, and § 26-127. The mobile home park owner shall bill each mobile home lot for the lot’s portion of said fees and charges based on data from a water meter measuring water delivered to the lot, or if no such meter exists or is functioning properly, the bill shall be based on the lot’s proportionate amount of said fees and charges based on the total number of mobile home lots in the mobile home park or some other reasonable basis.. (c) Wastewater. A mobile home park owner shall be entitled to bill and collect from the residents of the mobile home park a sum total amount equal to sum of the wastewater-related rates, fees, and charges imposed pursuant to § 26-277, § 26- 280, and § 26-281. The mobile home park owner shall bill each mobile home lot for the lot’s portion of said fees and charges based on data from a water meter measuring water delivered to the lot, or if no such meter exists or is functioning properly, the bill shall be based a proportionate amount of said fees based on the ATTACHMENT 3 total number of mobile home lots in the mobile home park, or some other reasonable basis. (d) Stormwater. A mobile home park owner shall be entitled to bill and collect from the residents of the mobile home park a sum total amount equal to the sum of the stormwater utility fee imposed pursuant to § 25-513 and § 26-514. The mobile home park owner shall bill each mobile home lot a proportionate amount of said fees based on the total number of mobile home lots in the mobile home park, or some other reasonable basis. (e) Form of Bills. A mobile home park owner shall only bill and collect for water, wastewater, and stormwater services from the residents of the mobile home park using bills that are in writing that (1) show the fees and charges for water, wastewater, and stormwater services as three separate line items on the bill, and (2) describe in detail how the fees and charges billed to the resident for water, wastewater, and stormwater services were calculated pursuant to Subsections (b), (c), and (d). April 28, 2020 Manufactured Housing Zoning Update ATTACHMENT 4 Work Session Overview Zone District Update § Existing zoning & conditions § New zone district standards § Rezoning criteria Livability / Residents’ Rights Strategies § Implementation update § Licensing 2 3 Direction Sought New Manufactured Housing Zone District 1) Does Council prefer a zone district designed exclusively for manufactured housing preservation (Option A), or a broader zone district that also permits affordable housing options (Option B)? 2) Does Council have guidance on staff’s proposed criteria for the evaluation of sites to rezone? Livability / Residents’ Rights Strategies 3) TBD – Add from neighborhood services 4 Background Manufactured Housing Zone District § Local tool to preserve existing manufactured housing § Reduces redevelopment options § Tradeoffs & tensions: § Strict vs. flexible standards & effectiveness of preservation § May perpetuate substandard infrastructure § Impact on long-term neighborhood vision § Private property rights Zone Development Timeline 5 City Limits Manufactured Home Community GMA Boundary City GMA Total Communities 10 14 24 Home Sites 1,400 2,137 3,537 Manufactured Housing Community (MHC) Locations in the Fort Collins GMA Zone Development Timeline 6 City Limits MHC in Residential Zone District MHC in Commercial Zone District Existing Zoning (city limits) Residential Zoning § 6 located in Low Density Mixed-Use Neighborhood (LMN) District § 1 located in Neighborhood Conservation Buffer (NCB) District Commercial Zoning § 2 located in Service Commercial (CS) District Mixed Zoning § 1 located in two zone districts (CS & LMN) 7 Existing Standards Existing CS & LMN Zoning: § No manufactured housing specific standards § Rely on ‘General Development Standards’ in Land Use Code § Wide variety of permitted uses and intensities CS LMN § 95 permitted uses; mostly commercial § No density maximum § 3-story height limit § 43 permitted uses; mostly residential § Maximum density of 9 dwelling units/acre (12 if affordable) § 3-story height limit New Zone District - Definitions Proposed Definitions: Manufactured home shall mean a preconstructed, transportable dwelling unit built on a permanent chassis and installed on a foundation system. The term manufactured home shall also include mobile homes, which are similar transportable dwelling units constructed prior to federal manufactured home standards adopted in 1976. Manufactured housing community shall mean a parcel of land which has been planned, improved, or is currently used for the placement of five or more manufactured homes. Manufactured housing communities may also contain accessory uses intended primarily for the use and benefit of their residents, including but not limited to clubhouses, playgrounds and recreational amenities, childcare, meeting and assembly spaces, retail, and personal and business services. 8 New Zone District - Definitions Purpose of new definitions: § Update terminology and align with state/federal definitions § Manufactured housing preferred name vs. mobile home § Define a minimum size (5 or more manufactured homes) § Permit accessory uses within manufactured housing community § Childcare § Vending § Gatherings / trainings / classes 9 New Zone District - Standards 10 Standard Measurement Notes Setbacks (Front): 15-ft (Side): 10-ft (Rear): 10-ft § Common distance for existing development; similar to other residential zoning Unit Separation 10-ft (all directions) § Fire separation requirements Density Maximum 12 units/acre § Modeled after LMN affordable housing standard Height Maximum 3-stories § Existing zoning & site context Building Size Maximum 5,000 sf footprint § Compatibility for nonresidential development Other/misc. Use Article 3 ‘General Development Standards’ New Zone District – Permitted Uses 11 Permitted Uses: § High impact in the preservation of existing manufactured housing § Determines (re)development potential Framework Options for Permitted Uses: A B Manufactured Housing Preservation (more strict) Affordable Housing Options/Preservation (flexibility for affordable housing) New Zone District – Permitted Uses 12 Residential Uses Commercial / Institutional Uses Miscellaneous Uses Manufactured housing community Childcare centers Urban agriculture Shelters for victims of domestic violence Adult day/respite care centers Neighborhood parks Group homes Places of worship or assembly Parks, recreation and other open lands Extra occupancy rental houses Minor public facilities Short term primary rentals Wireless telecommunications equipment A Manufactured Housing Preservation New Zone District – Permitted Uses 13 A B Affordable Housing Options Residential Uses Commercial / Institutional Uses Miscellaneous Uses Manufactured housing communities Child care centers Urban agriculture Shelters for victims of domestic violence Adult day/respite care centers Neighborhood parks Group homes Places of worship or assembly Parks, recreation and other open lands Extra occupancy rental houses Minor public facilities Short term primary rentals Wireless telecommunications equipment Single family detached dwellings * Single-family attached dwellings * Two-family dwellings * Multifamily dwellings * Bold = additional land uses compared to Option A * Requirement for designated affordable units when (re)development results in the loss of manufactured housing Considerations & Tradeoffs 14 Option § Specific preservation of manufactured housing § Larger impact on private property rights § Very limited change or redevelopment potential Option § More potential for site changes, if affordable housing is included § Conversion to affordable housing may still lead to displacement; loss of unique type of housing § Redevelopment potential could help improve infrastructure A B Rezoning Evaluation Criteria 15 CRITERIA NOTES: Size (acres/# units) Larger = rezoning candidate Presence of Natural Hazards Present = not a candidate % Owner Occupied Units Higher = rezoning candidate Comp. / Policy Plan Guidance Aligns = rezoning candidate Zoning History Prior MH zone = rezoning candidate Infrastructure Conditions Poor = not a candidate Stakeholder Input Zoning Next Steps 16 Targeted Outreach Continues: § Boards & Commissions, Residents, Owners/Managers § Outreach with some owners has been difficult § Reorienting outreach approach due to COVID-19 Updated Timeline & Process § Separate the Land Use Code (LUC) and rezoning processess § Bring LUC amendments forward first this spring § Bring forward rezonings based on COVID-19 precautions (quasi-judicial hearings) Recent Improvements 2019 Improvement / Project Progress Project Completion Timeline Mobile Home Park (“MHP”) Neighborhood Handbook • Public Outreach to MHP residents, owners, managers, and community partners for content • Research of related handbooks completed • July 2020 MHP Mini-Grant Program • Implementation process completed • Application draft completed • Outreach events ongoing & scheduled with 7 MHP’s • Completed • Round 2 disbursement August 2020 Neighborhood Liaisons • Community partners identified as existing liaisons for 3 MHP’s • Created landing webpage & Microsoft Team for MHP issues and resources • December 2021 for all MHP’s in city limits and GMA • On hold Summary of Residents’ Rights Strategies Completed In Progress/ Underway Mid Term (7-12 months) Long Term / Resources Req. Website Liaisons (highest need parks) Accessory structures privileges Negotiated investments Mini-Grants Round 1 Handbook Privacy Rights Single Metering (water) Maintenance Responsibilities LHIP & Emergency Grants Liaisons (all parks) Utility Billing Transparency Partner/Contractor Projects CARE; LCCC Sale notice & purchase opportunity Trees Maintenance Local Complaint System Enforcement of Existing Municipal Code (Section 18) Limitation of required upgrades Mobile Home Community Licensing Mobile Home Community Licensing Program: § Proactive approach to identifying livability issues § Removes pressure on residents to report livability issues § Provides transparent standards for MHC owners and managers § Existing programs in other states could be a model for MHC licensing in Fort Collins § Some program cost recovery from license fees 19 Mobile Home Community Licensing Mobile Home Community Licensing Program: § Development of the licensing requirements and piloting would require additional resources § Licensing fees or inspection fees could potentially be passed to residents through MHC lot rent or community fees § Setting reasonable licensing or inspection fees requires additional market research § Educational outreach would be necessary for MHC owners, managers and residents prior to implementation 20 21 Direction Sought New Manufactured Housing Zone District 1) Does Council prefer a zone district designed exclusively for manufactured housing preservation (Option A), or a broader zone district that also permits affordable housing options (Option B)? 2) Does Council have guidance on staff’s proposed criteria for the evaluation of sites to rezone? Livability / Residents’ Rights Strategies 3) TBD – Add from neighborhood services