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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 08/04/2020 - FIRST READING OF ORDINANCE NO. 100, 2020, AMENDINGAgenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY August 4, 2020 City Council STAFF Ryan Mounce, City Planner Claire Havelda, Legal SUBJECT First Reading of Ordinance No. 100, 2020, Amending the Land Use Code to Establish a Manufactured Housing Zone District. (Option A or Option B) EXECUTIVE SUMMARY The purpose of this item is to present Land Use Code (LUC) updates related to the creation of a new zone district for manufactured housing preservation. The staff recommendation includes the following LUC changes: • The establishment of a new Manufactured Housing (M-H) zone district in Article 4. The district includes its own unique set of permitted land uses and standards related to density, setbacks, building height, building size, and parking. • New definitions in Article 5 for ‘manufactured home’ and ‘manufactured housing community’ which will replace existing definitions for the terms ‘mobile home’ and ‘mobile home park.’ • Numerous changes throughout Articles 1-4 which serve to reference or classify the new zone district within the context of other general Code standards and process procedures. Staff is presenting two options for the permitted land uses as part of the new M-H zone district. Option A, first presented to Council at the April 28, 2020, work session, represents a narrower set of permitted land uses while Option B would permit several additional residential land uses which were previously permitted in the City’s former mobile home park districts prior to 1997. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Purpose and Intent The goal of the Manufactured Housing (M-H) zone district is to promote the preservation of manufactured housing communities and reduce the likelihood of resident displacement and the loss of affordable housing units. Residents within manufactured housing communities often contend with the uncertainty that their park may close or redevelop with limited notice. When a park closes, it may be impractical or financially infeasible to move the units and resident-owned assets may become stranded. Further, there is limited capacity within the region’s other parks to accommodate displaced residents. Over the past 25 years, five manufactured housing communities have closed in the City, primarily due to redevelopment, which has resulted in the loss of hundreds of the city’s most affordable housing units. Agenda Item 18 Item # 18 Page 2 The design and intent of the new M-H zone district is to preserve and support existing manufactured housing communities as the principal use in the zone district and to limit certain other types of land uses to reduce the likelihood an existing manufactured housing community will close due to redevelopment. City Policy Alignment As a unique and important source of affordable housing in the community, the preservation of manufactured housing communities is well-supported by City policies and goals. In addition, Council has identified manufactured housing preservation as a priority and the new zone district advances efforts to implement preservation tools for manufactured housing as part of the moratorium on manufactured housing community redevelopment implemented in August 2019. More specifically, the following City Plan and Strategic Plan policies and objectives align with these proposed Code changes: • City Plan: Policy LIV 6.4 - Permanent Supply of Affordable Housing - Create and maintain an up-to- date inventory of affordable housing in the community. Pursue policy and regulatory changes that will encourage the rehabilitation and retention of affordable housing in perpetuity. • Strategic Plan: Neighborhood Livability & Social Health Objective 1.8 - Preserve and enhance manufactured housing communities as a source of affordable housing and create a safe and equitable environment for residents. The new M-H zone district also builds upon the City’s 2013 Affordable Housing Redevelopment and Displacement Mitigation Strategy report (Attachment 1), which recommended the establishment of a new manufactured housing zone district. Summary of Proposed Land Use Code Updates: The three categories of proposed Land Use Code changes include: 1. The new M-H zone district, located in Article 4, and its associated permitted land uses and standards for density, setbacks, building height, building size, and parking. 2. Updated definitions, located in Article 5, for the terms ‘manufactured home’ and ‘manufactured housing community. 3. Miscellaneous updates, located in Articles 1-4, referencing the new M-H district. Manufactured Housing M-H Zone District: Permitted Uses & Standards Each of the City’s zoning districts begins with a purpose statement and a list of permitted land uses available in that district. The new M-H district’s purpose statement reads: The M-H Manufactured Housing District is intended for existing manufactured housing communities located throughout the City. This designation is designed to preserve and support existing manufactured housing communities as the predominant residential use alongside other complementary accessory and nonresidential activities which primarily serve residents of manufactured housing communities. The intention to preserve and support existing manufactured housing communities as part of the new zone district is primarily accomplished by limiting the type and intensity of certain other land uses in the zone district, which may reduce the likelihood that redevelopment occurs and the resulting closure of a community. Two options for the type and amount of permitted land uses to include in the M-H zone district are presented for Council’s consideration below. Option A features fewer permitted uses similar to the list of uses presented to Council at the April 28, 2020 work session. Option B includes the same land uses as Option A along with three additional residential land uses: single-family detached dwellings, two-family dwellings (duplex), and multi-family dwellings up to three units per building (triplex). Agenda Item 18 Item # 18 Page 3 The following tables identify the complete list of permitted land uses and review process for each of the two options: Option A Permitted Land Uses Review Process Shelters for victims of domestic violence Basic Development Review Accessory buildings Basic Development Review Accessory uses Basic Development Review Urban agriculture Basic Development Review Wireless telecommunications equipment Basic Development Review Neighborhood parks as defined by the Parks and Recreation Policy Plan Basic Development Review Manufactured housing community Administrative Review Group homes for up to eight (8) developmentally disabled or elderly persons Administrative Review Extra occupancy rental houses with four (4) or more tenants Administrative Review Places of worship or assembly Administrative Review Minor public facilities Administrative Review Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan Administrative Review Community facilities Planning & Zoning Board Review Neighborhood support/recreational facilities Planning & Zoning Board Review Seasonal overflow shelters Planning & Zoning Board Review Option B Permitted Land Uses Review Process Shelters for victims of domestic violence Basic Development Review Accessory buildings Basic Development Review Accessory uses Basic Development Review Urban agriculture Basic Development Review Wireless telecommunications equipment Basic Development Review Neighborhood parks as defined by the Parks and Recreation Policy Plan Basic Development Review Manufactured housing community Administrative Review Group homes for up to eight (8) developmentally disabled or elderly persons Administrative Review Extra occupancy rental houses with four (4) or more tenants Administrative Review Places of worship or assembly Administrative Review Minor public facilities Administrative Review Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan Administrative Review Community facilities Planning & Zoning Board Review Neighborhood support/recreational facilities Planning & Zoning Board Review Seasonal overflow shelters Planning & Zoning Board Review * Single-family detached dwellings Planning & Zoning Board Review * Two-family dwellings Planning & Zoning Board Review * Multi-family dwellings up to three (3) units per building Planning & Zoning Board Review * Denotes additional land uses permitted compared to Option A Agenda Item 18 Item # 18 Page 4 At the April 28, 2020, Council work session, Councilmembers discussed general support for the permitted uses in Option A and concerns that additional land uses may increase the chance of redevelopment, park closure, and displacement of residents (Attachment 2). Since the work session, staff has completed additional outreach and landowners expressed concerns that Option A is too restrictive and represents a large impact on the property rights of landowners. The more limited set of permitted land uses in Option A is an important design element which facilitates the preservation goals of the zone district. Based on these preservation goals and Council feedback from the work session, staff is recommending Option A permitted uses for the new zone district. If Council wishes to consider additional land use flexibility, staff recommends including those additional residential uses from Option B, or some combination thereof. The Option B uses include other lower-intensity residential uses of a similar scale and intensity to manufactured housing communities and were previously permitted in the City’s former mobile home park zone districts. These uses may also support other community policy objectives to increase housing opportunities for underrepresented housing types such as duplexes or triplexes. Manufactured Housing (M-H) Zone District: Standards The M-H zone district also includes a series of different standards which serve to set a base level for development intensity, safety, and compatibility. As the new zone district is anticipated to apply to properties where existing manufactured housing development is already in place, the proposed standards also seek to minimize nonconformities by generally matching existing patterns of development. The proposed standards include: • A minimum density of 6 dwelling units per gross acre; • A maximum density of 12 dwelling units per gross acre; • A minimum 15-ft required front setback for buildings in a manufactured housing community; • A minimum 10-ft required side and rear setback for buildings in a manufactured housing community; • A minimum 10-ft separation distance between manufactured homes and other buildings; • A maximum building height of 3-stories; • A maximum building footprint size of 5,000 square feet for nonresidential uses; • A minimum of one off-street parking space for each manufactured housing unit in a manufactured housing community. The Land Use Code’s General Development Standards, located in Article 3, would also continue to apply to any redevelopment or other proposed changes to properties located in the M-H zone district. Definitions Staff’s recommendation also includes the substitution and replacement of existing Land Use Code definitions for ‘mobile home’ and ‘mobile home park.’ These terms would be replaced with ‘manufactured home’ and ‘manufactured housing community.’ The revised definitions are designed to better align with updated state and federal terminology for this type of housing, while also specifying the types of accessory uses often associated with manufactured housing communities. The new definitions include: • Manufactured home shall mean a preconstructed, transportable dwelling unit built on a permanent chassis and anchored at the site where it will be occupied as a dwelling unit. 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 Agenda Item 18 Item # 18 Page 5 not limited to clubhouses, playgrounds and recreational amenities, childcare, meeting and assembly spaces, retail, and personal and business services. Miscellaneous Code Changes In establishing a new zone district, it is also necessary to make numerous additions throughout the Land Use Code to reference the new zone district or define its inclusion in certain geographic or performance-based standards. Examples include the addition of new references to the M-H zone district for the purposes of measuring residential building heights, establishing the maximum number of group home residents, or a requirement that Council is the final decision-maker for any application involving an Addition of a Permitted Use request. CITY FINANCIAL IMPACTS Adoption of these Code changes will not have a significant impact on City resources. BOARD / COMMISSION RECOMMENDATION Staff held discussions with the Affordable Housing Board (2 meetings), the Human Relations Commission (1 meeting) and the Planning and Zoning Board (3 work sessions, 1 meeting) to discuss the purpose of the Manufactured Housing zone district and associated Code changes. Affordable Housing Board At the July 7, 2020, Affordable Housing Board meeting, the Board voted 5-1 to recommend the preservation of manufactured housing through a new zone district. The Board did not provide any recommendation regarding Option A or Option B of the permitted uses in the zone district. (Attachment 3) In addition to the Board’s recommendation, there was discussion about the process to implement the new zone district and the tension between the district’s preservation goals and the type/amount of permitted land uses. General themes from the Board’s discussion included: • Questions if the City could develop incentives for property owners rezoned to the new zone district given the limited number of the land uses permitted in the zone district. Incentives could also generate interest in voluntary rezoning rather than reliance a City-initiated rezoning process. • Suggestions that adding additional land uses to the zone district could help transition parks to other types of housing, as has occurred in other communities. Other comments suggested if additional land uses are added that they should include some form of affordability requirement. Human Relations Commission Staff provided an update on manufactured housing preservation and residents’ rights strategies at The Human Relations Commission meeting of July 9, 2020. The Commission was generally supportive of the manufactured housing strategies proposed by staff and the efforts to use an equity and inclusion lens as manufactured housing strategies move forward. Planning and Zoning Board At the July 16, 2020 Planning and Zoning Board hearing, the Board voted 4-3 to recommend City Council adopt Option A of the Land Use Code changes. (Attachment 4) The Board had considerable discussion on several topics: • The tensions and tradeoffs between Option A and Option B of the proposed Code changes and the type/amount of permitted land uses to include in the new district. There was discussion that limiting Agenda Item 18 Item # 18 Page 6 available permitted uses in the zone district helps achieve the primary goals for preservation and to minimize resident displacement, however, the new zone district also represents a large impact for property owners and flexibility for the properties in the future. • Discussion about the schedule and outreach/engagement of the Code changes, especially for property owners. The Code changes and any future consideration of rezoning to the new district is a large impact and it is important to ensure stakeholders have had appropriate time to understand the changes. • Questions about the implementation of the new zone district through the rezoning process and whether this was likely to be voluntary or involuntary process. Questions and discussion about how the new zone district standards would be applied in situations where there is an existing nonconformity and/or if partial redevelopment of a site is proposed. Staff previously adjusted some of the Land Use Code changes based on Planning and Zoning Board feedback from prior work sessions, including: • Revisions to the ‘manufactured home’ definition to better align with building code requirements for this type of housing. The terminology ‘anchored to the ground’ replaced previous language describing the use of a foundation system. • Introduced a minimum density requirement to the zone district of 6 units per gross acre. The intent behind this change was to require an equivalent number of housing units for properties in the district if any residential redevelopment is proposed. The threshold was set based on the minimum densities observed in existing manufactured housing communities. PUBLIC OUTREACH Staff followed the engagement plan developed for the residents’ rights and manufactured housing zoning efforts in late 2019 to inform and consult with owners, managers, residents, and local partner organizations associated with the City’s manufactured housing communities. From March 2020 onward, outreach activities transitioned from in-person gatherings to phone and virtual formats due to the COVID-19 pandemic and social distancing requirements. (Attachment 5) Property Owner/Manager Engagement Staff sent property owners and managers written, phone, and email communications throughout 2020 regarding the proposed Manufactured Housing zone district. Prior to COVID-19, staff invited owners and managers from across the Growth Management Area to an information and networking meeting at the Northside Aztlan Community Center in January and held one-on-one “coffee chat” meetings with a majority of managers and several owners in February. Four letters were sent to property owners/managers between February and July using property owner contact addresses from the Larimer County Assessor and Colorado Secretary of State. These letters helped establish ongoing conversations in spring and summer to share draft code language, seek input, and provide information on the adoption schedule/process. Staff has not had direct contact with the property owners of the North College and Cottonwood Manufactured Housing communities and continues to send messages to the physical site offices and publicly listed owner addresses. Resident/Partner Organization Engagement Staff has also been meeting with residents, resident-affiliated groups, and partner organizations to discuss the purpose and goals of the new manufactured housing zone district and Code changes. Similar to outreach with owners and managers, initial activities focused on in-person meetings and events that have since transitioned to virtual formats due to social distancing. Agenda Item 18 Item # 18 Page 7 Staff conducted phone interviews with individual residents and attended events and activities for manufactured housing residents to share information and details about the new zone district, including meetings with residents of Mi Voz, discussions with The Family Center/La Familia and Genesis Project staff, and attended events such as the City’s Mobile Home Park Mini-grants workshops and Home2Health Storytelling Night. Other Engagement Staff also attended or provided updates and solicited input from other local groups and organizations, including: • Chamber of Commerce Local Legislative Affairs Committee • Larimer County Built Environment (Data Working Group & Leadership Team Updates) • Larimer County Planning (City-County coordination meetings) • Home2Health Partner Core Team Input Themes Two primary themes emerged during outreach activities and discussions of the new zone district: • General support from residents of manufactured housing communities for the preservation goals of the new zone district. The district may provide greater certainty that a community will not unexpectedly close due to redevelopment. • Concerns the new zone district is too strict in terms of the permitted land uses and does not allow opportunities for long-term property changes. The zone district presents a large impact on the property rights of owners and limits options in the future. ATTACHMENTS 1. Affordable Housing Redevelopment Displacement Mitigation Strategy (PDF) 2. Work Session Summary (PDF) 3. Affordable Housing Board Minutes July 2020 (Draft) (PDF) 4. Planning and Zoning Board Minutes July 2020 (Draft) (PDF) 5. Engagement Summary (PDF) 6. PowerPoint Presentation (PDF) ATTACHMENT 1 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.221.6376 970.224.6134 - fax Planning, Development & Transportation MEMORANDUM DATE: May 1, 2020 TO: Mayor Troxell and City Councilmembers THRU: Darin Atteberry, City Manager Jeff Mihelich, Deputy City Manager Caryn Champine, Director of Planning, Development & Transportation Tom Leeson, Community Development & Neighborhood Services Director FROM: JC Ward, Senior City Planner Ryan Mounce, City Planner RE: April 28, 2020 Work Session Summary – Manufactured Housing Zoning & Residents’ Rights Update At the April 28th City Council Virtual Work Session, Ryan Mounce and JC Ward provided an update on work underway to develop a new manufactured housing zone district and information about recently completed and forthcoming residents’ rights and livability strategies, including the potential for a manufactured housing licensing system. All councilmembers were present for the discussion via video conferencing. The new manufactured housing zone district and additional resident rights and livability strategies are intended to advance Council priorities to preserve manufactured housing, prevent resident displacement, and improve livability and protections available to residents in manufactured housing communities. General discussion and direction from the work session included: Manufactured Housing Zone District & Rezoning Criteria  Continuing to develop and bring forward Land Use Code changes to implement a new manufactured housing zone district as a preservation strategy.  General support for ‘Option A’ for the types of permitted uses that should be included in the new zone district. Discussion reaffirmed the focus of the zone district to specifically preserve manufactured housing and minimize resident displacement, which could remain a partial outcome under ‘Option B.’  Some types of permitted land uses, such as extra occupancy rental houses and primary short term rentals, may not be appropriate in the zone district or create new business models that result in resident displacement.  Review and refine the types of criteria staff may use to recommend sites for inclusion in the new zone district. Criteria such as infrastructure condition could be punishing to residents in certain communities who would otherwise not benefit from the goals of the new zone district. DocuSign Envelope ID: 6C830CF7-EE75-4AA1-9E24-A3E61C7607E5 ATTACHMENT 2 April 28, 2020 Council Work Session Summary Page 2 Manufactured Housing Zoning & Residents’ Rights Update  Several questions or requests for additional information were raised on how the zone district could impact the potential for resident owned communities, as well as how new technologies (3D printing or new modular home systems) could supplement the zone district to improve energy efficiency, building conditions, and levels of overall affordability. Residents’ Rights Strategies & Licensing  General support for research into mobile home community licensing system with additional information and detailed options for Council’s consideration to define the specific livability issues to address, responsible parties, and penalties.  Exploration of mobile home community licensing programs will include analysis of analogous programs in Colorado communities as well as successful regional models. Initial research into mobile home community licensing in Colorado indicated programs akin to business licensing with minimum enforcement authorization rather than a livability/habitability focus supported by compliance staff.  Licensing and other strategies should seek to minimize the pass-thru of costs and fees to residents. Licensing and inspection fee rates should be informed by current costs to residents or park management for addressing livability issues.  The forthcoming mobile home community licensing Council Memo will describe the process Staff will propose to vet licensing program options that will include input from external stakeholders, mobile home community residents, and community partners.  Mobile home neighborhood liaisons and community partners are establishing communication and engagement networks to support discussions of resident owned community models.  Mobile Home Livability and Community-Building Mini-Grant round two funding is currently on hold at the recommendation of PDT Finance as the City assesses 2020 budget and anticipated shortfalls. Next Steps & Follow-up  Staff will resume and continue stakeholder outreach on both the manufactured housing zone district and livability strategies following a pause due to the initial response to COVID- 19.  The new zone district will continue to move towards implementation. Staff anticipates presenting Land Use Code changes for Council’s consideration in early summer following the resumption of Board and Commission meetings and remote quasi-judicial hearings.  Additional residents’ rights and livability strategies and municipal code changes are scheduled for Council consideration in Q3 2020. Draft proposed language was included in Council’s work session documents.  Staff will prepare a memo for Council regarding options and research for a licensing program and additional resident owned community strategies. DocuSign Envelope ID: 6C830CF7-EE75-4AA1-9E24-A3E61C7607E5 AFFORDABLE HOUSING BOARD REGULAR MEETING July 7, 2020, 1:00-3:00pm Remote/Online via Zoom due to COVID-19 7/7/2020 – MINUTES Page 1 1. CALL TO ORDER: 1:02 2. ROLL CALL • Board Members Present: Jen Bray, Catherine Costlow, Diane Cohn, Bob Pawlikowski, Tatiana Zentner, Kristin Fritz • Board Members Absent: None • Staff Members Present: Lindsay Ex, Victoria Shaw, JC Ward, Ryan Mounce, Yaz Haldeman, Noelle Currell, Sue Beck-Ferkiss, Brittany Depew • Guests: Marilyn Heller, Mark Bishop 3. AGENDA REVIEW 4. CITIZEN PARTICIPATION - NONE 5. APPROVAL OF MINUTES Diane moved to approve May minutes. Bob seconded. Approved unanimously 6-0-0. 6. NEW BUSINESS A. Update on Manufactured Housing Community Livability and Preservation work—Ryan Mounce and JC Ward, Planning and Neighborhood Services Departments Manufactured homes represent a significant portion of Fort Collins’ affordable housing stock. Council initiated a moratorium on development in manufactured housing communities (MHC) to implement mitigation and preservation strategies. In 2019-2020, the team worked on MHC Resident’s Rights Handbook, neighborhood liaisons, neighborhood mini grants, website, and local complaint system. JC reviewed state and municipal legislation relevant to MHC, as well as ways MHC are empowered to organize, build leadership, access resources. Ryan presented on Manufactured Housing (M-H) Zone District, which is meant as preservation measure. Would encourage manufactured housing as primary goal of the zone. Challenging to balance priorities from various perspectives (Council, community, landowners, etc.) • Option A: more limited set of uses, greater preservation potential • Option B: slightly broader set of uses, greater landowner flexibility. New definitions will update terminology (“manufactured home” preferred over “mobile home,”) define minimum size for community (5 or more), clarify accessory uses Comments/Q&A: • Diane: Current communities can opt-out of the zoning. Is that right? ATTACHMENT 3 AFFORDABLE HOUSING BOARD REGULAR MEETING 7/7/2020 – MINUTES Page 2 o Ryan: Once the zone district is approved, some of the re-zonings may be involuntary, though some may be able to opt-in. • Diane: For the minimum community size of 5, how does that affect some of the uses? o Ryan: The minimum size is to align with state requirements, and it wouldn’t really impact other uses. It’s just for those wanting to become or remain a MHC. • Kristin: Why is multi-family not an allowable use? o Ryan: This goes back to being preservation focused. Staff’s feeling is that additional uses could compromise that focus. • Kristin: Because affordable is not a land use, is there a way to allow multi-family if they’re affordable? o Ryan: There may be an option there. This came up with Council, and they seemed most concerned about preservation, but there may be some type of compromise option. • Sue: Board members, JC and Ryan are asking if you’d like to make a recommendation about the zone district that is being brought to Council on July 21. It will be harder to transition to multi-family, which can be an important affordable housing strategy. o Diane: I do worry about affordability if we’re replacing with something that’s a single- family home for $400K, that’s not a good substitute for someone in a manufactured home that’s significantly less. We have to think about affordability along with preservation. o Sue: I think there’s some concern about speaking to affordability directly, which could disallow communities from having rent control. o Jen: I would lean toward Option A, unless added parameters and uses speak directly to affordability. o Catherine: I’m not in favor of either option, looking at it as private property and the landowner can do with it what they want. We don’t know their long-term plans for their property and could be unknowingly restricting their future plans. o Bob: I support at least moving forward with what staff is proposing here, with maybe some added words about incentives for adopting the new zone district. • Jen: How restricted are mobile home zonings now? And would this change be forced or incentivized? o Ryan: We have about 10 MHC in the City right now. The new zone district is generally much more restrictive in its uses, with almost no commercial land uses. • Diane: How does the rezoning directly impact preservation? o Ryan: Essentially the reduction and restriction of uses. Fort Collins has lost 5 MHC due to redevelopment, some residential and some commercial, and the new zone district would ideally restrict that. o Diane: How do we incentive property owners to accept this new zone? Are we offering any services like infrastructure improvements? o Ryan: There has been discussion about incentivizing. • Sue: What are you hearing from property owners? o Ryan: Not all the property owners are local. Some are private, some are part of corporations, and we haven’t spoken directly with everyone. There is recognition what the City is trying to do but they also recognize the restrictions it places on them. • Jen: It sounds like there is support for this, though we recognize property owners’ rights and have concerns about affordability not being directly addressed. AFFORDABLE HOUSING BOARD REGULAR MEETING 7/7/2020 – MINUTES Page 3 Diane moved to recommend manufactured housing preservation through a new zone district. Tatiana seconded. Motion passed 5-1 Diane moved to support the staff’s recommendation on livability issues. Bob seconded. Motion passed 6-0 Jeff Hansen, Chair Virtual Hearing Michelle Haefele, Vice Chair City Council Chambers Michael Hobbs 300 Laporte Avenue Per Hogestad Fort Collins, Colorado David Katz Jeff Schneider Cablecast on FCTV Channel 14 & William Whitley Channel 881 on Comcast The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. Regular Hearing July 16, 2020 Chair Hansen called the meeting to order at 6:00 p.m. Roll Call: Haefele, Hansen, Hobbs, Hogestad, Katz, Schneider, Whitley Absent: None Staff Present: Everette, Yatabe, Stephens, Scheidenhelm, Claypool, Mounce and Manno Chair Hansen provided background on the board’s role and what the audience could expect as to the order of business. He described the following procedures: • While the City staff provides comprehensive information about each project under consideration, citizen input is valued and appreciated. • The Board is here to listen to citizen comments. Each citizen may address the Board once for each item. • Decisions on development projects are based on judgment of compliance or non-compliance with city Land Use Code. • Should a citizen wish to address the Board on items other than what is on the agenda, time will be allowed for that as well. (Remove this until we are approved by council to include this in virtual hearings) • This is a legal hearing, and the Chair will moderate for the usual civility and fairness to ensure that everyone who wishes to speak can be heard. Agenda Review Rebecca Everette, Development Review Manager, reviewed the items on the Consent and Discussion agendas, stating that all items will be heard as originally advertised. Public Input on Items Not on the Hearing Agenda: Planning and Zoning Board Minutes ATTACHMENT 4 Planning & Zoning Board July 16, 2020 Page 2 of 5 None noted. Consent Agenda: 1. Draft Minutes from June 18, 2020 P&Z Hearing Public Input on Consent Agenda: None noted Chair Hansen did a final review of the items that are on consent and reiterated that those items will not have a separate presentation unless pulled from the consent agenda. Member Hobbs made a motion that the Planning and Zoning Board approve the Consent agenda which consists solely of the draft minutes of the June 18, 2020 P&Z Hearing. Member Haefele seconded the motion. Vote: 7:0. Discussion Agenda: 2. LAND USE CODE CHANGES FOR MANUFACTURED HOUSING ZONE DISTRICT Project Description: This is a request for a recommendation to City Council regarding proposed Land Use Code changes to create a new Manufactured Housing zone district. The proposed changes include new zone district standards, updated definitions, and numerous references and classifications of the district throughout the Land Use Code. Recommendation: Approval Secretary Manno reported that no citizen emails or letters had been received, but that email correspondence between Planner Mounce and the Board describing communications with property owners was placed into each Board member’s packets. Staff and Applicant Presentations Planner Mounce gave a brief verbal/visual overview of the project. Public Input (3 minutes per person) Tawny Payton, Rocky Mountain Home Association, she was not aware of this effort until 24 hours before this hearing. She provided her position in that she is more supportive of option B. Peter Goldstein, owner of mobile home park in Ft. Collins, he does not feel proper or enough outreach was conducted. He feels option B offers the most flexibility. Staff Response Planner Mounce responded to citizen comment. He explained the meetings and outreach that has been conducted both pre-Covid and current Covid situation. Regarding the dispute resolution process, it is important that at the City level, we need to look at our own regulations for manufactured housing. This effort focuses mostly on preservation aspects, but the City is also looking at livability issues as well. Adding additional uses could be a consideration. Planner Mounce clarified that as for the groupings of permitted land uses, the idea is to promote manufactured housing and continue the operation of manufactured housing in the zone district. Other types of uses are included as they are import priorities to have to operate as well. Board Questions / Deliberation Planning & Zoning Board July 16, 2020 Page 3 of 5 Chair Hansen asked Attorney Yatabe about the considerations that are outside the scope of the land use code and if they will be part of this discussion when they go before Council. Planner Mounce responded that the recommendation to Council is just over the Land Use Coed themselves and that planning is still working on the additional guidelines and exploration of different options. Planner Mounce is not certain for the timing at this point and will most likely trickle in. With the first adoption of the City Plan Member Schneider asked about existing conditions and forced rezone. Planner Mounce responded that the property owners will have the option to opt in. On the existing conditions, some are already considered not confirmation uses, some do not meet criteria in the Land Use Code right now. The potential rezoning would be a very similar circumstance where they would continue to exist and operate under their existing approved plans regardless of what is specified in the Land Use Code. Potential change could come if there is any redevelopment proposed. They would be required to meet the new standards or ask for some type of modification. The City may initiate the rezoning process. Member Hobbs questioned the grandfathering in of non-conforming uses not being an issue until redevelopment. If someone had a 40-acre manufactured housing park and they decided to redevelop 10-acres of that, when they come forward with a redevelopment of a portion of that land, is that going to require that the rest of it are going to have to be upgraded? Planner Mounce responded that there could be some particulars to what is being proposed, but newly proposed or redeveloped would have to meet current Land Use Code. Only for the area being redeveloped. Member Katz requested clarification on if the changes were adopted and the City involuntarily to rezone, would it be on a property by property basis or would this be a blanket? Planner Mounce responded that it could be on a case by case basis but could be all. Member Haefele asked if could be a possibility that grandfathering in parks that do not meet the safety codes could have a negative impact on someone? Planner Mounce responded that staff has been looking at the existing conditions that are in place and that the parks are meeting some of those standards currently. This was previously included in the Land Use Codes for former mobile home districts. It also appears in the building codes. Non- conformities may appear in the setbacks from the property line to the structure which could have an impact on compatibility and privacy, but less relevant to safety. When a new resident moves in, they are required to obtain a permit which puts into place already existing compliance. Member Haefele wanted to know if it was common for people to take their unit and leave the park or more common for someone to sell? Planner Mounce responded that it is mixed. Older units are more difficult to move. Member Hogestad questioned how much public outreach was conducted after Covid started. He feels that this is disturbing that professional institutions and property owners do not know anything about this item. Planner Mounce responded that after the pandemic started, the process was short circuited a bit, so they transitioned to a more direct communication via phone and email and written communications. With residents, staff primarily conducted several virtual meetings, nothing in person due to restrictions. Planning has been preparing to conduct virtual town hall type meetings for August as well. Initially, meetings were held with property owners and managers throughout the entire growth management area. Member Schneider asked if he had an existing home of a certain size that is on the property and he wants to upgrade to a bigger or smaller size, does that mean he may not be able due to setbacks, is that correct? Is there going to be a variance process to allow people to replace as-is size with as-is size? Planner Mounce responded that the Land Use Code already has this variance process, and that it also has a modification process if something is coming through the City’s full development review vs. something like a building permit. As long as the community is meeting set plans, it is allowed to go into that community. Currently setbacks are not looked at on hook-up permits. This would not change with this item moving forward. Member Schneider questioned what the need, demand or push to change this item so fast? Why can’t we delay this? Put the moratorium in place for another 6-months, if we are going to make some significant changes like this, we should have some better outreach. Planner Mounce responded that the moratorium was a big component of it, but this item has also been identified by Council as a priority and the work plans around this. Notwithstanding Covid interruptions and disruptions, there is an effort to respect what went into the moratorium and that the City Planning & Zoning Board July 16, 2020 Page 4 of 5 would consider adopting some of these different preservation tools and end the moratorium. City staff will continue to reach out to stakeholders in the process. Member Schneider asked if there was anyone ready to go for redevelopment of an existing property that this would affect? What exactly is the big deal waiting? Planner Mounce is not aware of any redevelopment in the community. In the past 25 years Fort Collins has lost 5 of these communities. The City continues to operate through the pandemic and will continue to do so, it does not appear this will change. This is a large change and is similar to our mobile home parks zoning district. This is not brad new to the community. Option A is closer to what we currently have. Member Haefele asked what the underlying zoning currently is for the mobile home parks. Planner Mounce shared a couple screens. There are 6 in the low density mixed use neighborhood, there is 1 located in the neighborhood conservation district and several in the commercial zone district and one that is split, part in the LMN and the other part in the service commercial district. What was the rational getting rid of the forma mobile home/manufactured home park zoning? Planner Mounce responded that this occurred in 1997 with the first adoption of City Plan and a larger reorganization of growth framework and principals in the community and the introduction of the new Land Use Code. Member Hogestad questioned option B and the ability to build triplexes and duplexes, is this correct? Planner Mounce does allow these building types. The standards apply to those in the manufactured community, those that you mentioned fall under the general development standards that are in the Land Use Code. Member Whitley wanted to know if we were building in a loophole with option B that negates any good that we are trying to do? Planner Mounce would not say that it was a loophole but rather a consideration. If the overall goal and direction is for preservation, the idea if we want to preserve manufactured housing and reduce potential for resident displacement then adding in those additional uses and opportunities for redevelopment could impact. It could be redeveloped for another use and residents could be displaced. This is some of the most affordable housing and unsubsidized housing in the community. Chair Hansen wanted clarification that the recommendation tonight does not affect the current zoning map at all and defining the code in the Land Use Code. Planner Mounce, that is correct. Chair Hansen questioned if a property owner would like to maintain is no longer viable, is there any additional steps to rezone? Planner Mounce responded that there is, yes. There is potential for changes to happen due to upcoming outreach and Council. Members of the board are were mixed on which option they supported and if a recommendation should be approved and moved forward to Council. Member Haefele made a motion that Fort Collins Planning and Zoning Board recommend that City Council adoption of Option A for the as of yet unnumbered ordinance establishing a manufactured housing zone district for the City of Fort Collins. Member Whitley seconded. Member Schneider sees the need, but also the need to be balance, there is a lack of outreach and what the land use code offers within the City. The change is too far. Member Haefele feels that there was unresponsive property owners and all the Board is doing is forwarding a recommendation, Council could opt to postpone. There is a misconception to maximize property. Member Whitley agrees with Member Haefele. Member Hogestad still struggles with the amount of outreach, but trusts staff in the fact that there has been ample outreach he will be supporting the motion. Member Hobbs is not concerned with the recommendation decision as this is moving to Council. He feels outreach has been conducted and will be supporting the item. Chair Hansen does feel outreach was completed. Vote: 4:3. For more complete details on this hearing, please view our video recording located here: https://www.fcgov.com/fctv/video-archive.php?search=PLANNING%20ZONING Other Business Planning Manager Everett announced that Member Hobbs is leaving the Board and that this will be his last meeting. Mrs. Everette thanked and wished him well as did the members of the Board. Planning & Zoning Board July 16, 2020 Page 5 of 5 Adjournment Chair Hansen moved to adjourn the P&Z Board hearing. The meeting was adjourned at 8:25pm. Minutes respectfully submitted by Shar Manno. Minutes approved by a vote of the Board on: ____________. Rebecca Everette, Development Review Manager Jeff Hansen, Chair Manufactured Housing Engagement – Residents’ Rights & Manufactured Housing Zoning Property Managers & Owners regarding Residents’ Rights and MHP/MHC Zone 11/4/19 Call/Email property managers to schedule in-person meetings (Hickory Village, Timber Ridge [GMA], Harmony Village 12/16/19 Mailed invitations for MHP-MHC Manager & Owner Meeting to property managers and owners to all parks within City limits and GMA (to MHP Office mailing addresses and Larimer County Tax Assessor’s Office registered owner and manager addresses) 1/9/20 Reminder re: MHP-MHC Manager & Owner Meeting to all known email contacts for managers and owners 1/14/10 Reminder phone calls re: MHP-MHC Manager & Owner Meetings to all known telephone contacts for managers and owners 1/15/20 MHP-MHC Manager & Owner Meeting attended by: - Hickory Village (owner, Council District 6) - Harmony Village (2 property managers, Council District 3) - Collins Aire MHP (2 property managers, GMA-Mulberry Annexation Area) - Aspen MHP (property manager, GMA) - Blue Spruce (2 property owners, GMA) 2/4/20 First letter to property owners addresses about zoning and residents’ rights changes. 2/1-13/20 In-person “coffee chat” meetings with managers and/or property owners from: - Hickory Village - North College MHP - Pleasant Grove - Skyline MHP - Harmony Village - Timber Ridge [GMA] - Parklane MHP [GMA] - Aspen MHP [GMA] (Montclair MHP property manager missed meeting and there was no response to follow-up phone/email messages about rescheduling) 4/1-Present Ongoing phone, email, online meetings with contacted park owners; sharing of draft code changes 5/20/20 Update letter to property owners about zoning and residents’ rights progress 7/2/20 Letter to property owners about zoning Code changes and notice of upcoming P&Z hearing 7/16/20 Reminder/notice of Code adoption schedule and change in date for Council meetings * Staff has not had direct communications with the owners of the North College or Cottonwood Manufactured Housing Communities Residents 12/5-9/19 The Genesis Project Christmas Shop (Parklane MHP [GMA], Poudre Valley MHP [GMA], Hickory Village) 12/19/19 Resident Group Meeting – Harmony Village 1/10/20 Resident Group Meeting – North College MHP 1/29/20 Resident Event Booth (Community Cocoa Night) – Harmony Village 1/31/20 Resident Group Meeting – North College MHP 2/6/20 Resident Group Meeting – Mi Voz (Hickory Village, Poudre Valley MHP, Parklane MHP) ATTACHMENT 5 2/24/20 Resident Group Meeting – What is zoning education – Mi Voz (Hickory Village, Poudre Valley MHP, Parklane MHP) 2/27/20 Resident Event (Home2Health Storytelling) Booth – Hickory Village, Poudre Valley MHP, Parklane MHP 4/1/20 Adopt A Neighbor & COVID Resources Flyers (door to door) – North College MHP, Skyline MHP 4/1/20 Resident Meeting – Skyline MHP 4/17/20 Resident Group Meeting – Mi Voz (Hickory Village, Poudre Valley MHP, Parklane MHP) 6/22/20 Resident Group Meeting – Hickory Village Numerous individual resident meetings and communications throughout 2020 Partner & Organization Updates: Chamber of Commerce Local Legislative Affairs Committee (5/29) Larimer County Built Environment (Data Working Group Home2Health Core Group Larimer County (Joint City-County Planning & Engineering coordination meetings; every other month) Attachment 2 – Meeting & Outreach Summaries Meeting Notes & Comment Summary Mi Voz Virtual Meeting – April 17, 2020 New Manufactured Housing Zone District & General Zoning Standards  General support for the new zone district if it will help keep and maintain existing parks/communities.  No marijuana businesses should be permitted in the zone district.  Marijuana businesses are too concentrated nearby and the City should look at limits to how many marijuana businesses can be located near each other, or other important locations (near churches, schools, etc.).  The new zone district should be a benefit for residents rather than only the owners.  Be sure the zone district does not restrict or limit residents who want to sell their homes, especially if owners are not legal residents.  Questions/concern the new zone district could encourage additional economic development.  Goal should be to keep and improve livability for residents. City regulations/enforcement within Manufactured Housing Communities  A need to strike a balance between enforcement and new regulations.  Some new rules the City creates or enforces may impact residents by increasing costs.  Should work alongside the new efforts that the state is adopting and implementing.  The City and state do not always know when new rules or injustices are put in place at mobile home parks.  Concerns about frequent rule changes in parks and a lack of privacy.  Residents expressed the need for leases to be more transparent to city staff. Other/Miscellaneous  Concerns about the location of the proposed homeless services and resource campus nearby. They are proposed both adjacent to existing mobile home park neighborhoods and in close proximity to marijuana businesses.  Desire to have a library that is more accessible to North Fort Collins. Manufactured Housing, Attachment 2 Attachment 2 – Meeting & Outreach Summaries Meeting Notes & Comment Summary Chamber Local Legislative Affairs Committee - May 29, 2020 Manufactured Housing Zone District  One of the reasons manufactured housing communities can be so affordable is they were not developed to today’s single-family subdivision standards.  The zone district puts too many restrictions on the owners; City should also be offering its own incentives or carrots. o Property owner should be offered or alternatives if they will not be allowed to redevelop their properties. o How could the City partner to keep the parks economically viable in the long-term?  Zone district density maximum should be higher.  City should also be incentivizing higher densities for other types of affordable housing/zone districts.  There should be opportunities for residents and park owners to be able to convert their homes/units to permanent foundations.  Need to be thinking about not only the rights of the property owner but also of the homeowners.  City should be working and partnering with Larimer County for those communities in the GMA. Residents’ Rights Strategies  Could the City offer/create first right of refusal for purchase (promote resident ownership or incentive for new zone district) o Watching legislation at state level for opportunity to purchase provisions  Caution and need to balance enforcement and requirements so costs are not just passed onto residents.  Need for more stakeholders to be involved with any licensing discussion and research. Realtors should be involved and used as a resource.  Urge caution on the licensing front and pay attention to key outcomes and messages from the last time the City explored licensing options several years back. Manufactured Housing, Attachment 2 Aug 4, 2020 Land Use Code Changes Manufactured Housing Zone District ATTACHMENT 6 Council Action Requested Adoption on First Reading § Land Use Code updates, creating a Manufactured Housing (M-H) zone district 2 Overview Purpose & Goals § Create new preservation tool for manufactured housing communities § Encourage manufactured housing as the primary use in the zone district § Reduce likelihood of redevelopment closures & resident displacement 3 Policy Alignment City Plan: Policy LIV 6.4 – Permanent Supply of Affordable Housing Create and maintain an up-to-date inventory of affordable housing in the community. Pursue policy and regulatory changes that will encourage the rehabilitation and retention of affordable housing in perpetuity. Strategic Plan: Neighborhood Livability & Social Health Objective 1.8 Preserve and enhance manufactured housing communities as a source of affordable housing and create a safe and equitable environment for residents. 4 Manufactured Housing District Local & State Efforts § New preservation tool (M-H District) § Consider applying zone district through rezoning process § Municipal Code changes § Residents’ rights & livability § State legislative actions § 3 bills related to manufactured housing 5 6 Summary of Code Changes Manufactured Housing (M-H) Zone District § Permitted land uses § Zone district standards Updated Land Use Code Definitions § Align with state/federal terminology § Define minimum size & accessory uses Miscellaneous § References to new M-H district throughout Code 7 M-H Zone District Permitted Uses Overview § Preservation-focused § Designed to limit certain types and intensity of land uses § Tension between preservation goals and landowner flexibility Options § Option A – more limited set of uses; greater preservation potential § Option B – slightly broader set of uses; additional landowner flexibility 8 M-H Zone District Permitted Uses Summary – Option A RESIDENTIAL Mfr. Housing Community Group Homes Domestic violence shelter Extra occupancy rentals INSTITUTIONAL / MISC. Places of worship Childcare Adult day/respite center Community facilities Parks / Nbhd. Recreation Seasonal shelters OTHER Accessory buildings Accessory uses Urban agriculture Wireless telecom. equipment 9 M-H Zone District Permitted Uses Summary – Option B RESIDENTIAL Mfr. Housing Community Group Homes Domestic violence shelter Extra occupancy rentals * Single-family detached * Two-family * Triplex INSTITUTIONAL / MISC. Places of worship Childcare Adult day/respite center Community facilities Parks / Nbhd. Recreation Seasonal shelters OTHER Accessory buildings Accessory uses Urban agriculture Wireless telecom. equipment * Additional uses 10 Permitted Use Options Tradeoffs § Concerns expressed Option A too restrictive § Impacts on property owners § Flexibility to transition to other housing (long-term) § Additional uses adds flexibility but may compromise preservation goals Additional Uses (Option B): § Previously permitted in City’s former mobile home park zones § Similar scale & intensity to manufactured housing communities § Support other policy goals (e.g. different housing types) 11 M-H Zone District Zone Standards § Set base levels for intensity, compatibility, safety § Designed to reduce nonconformities (match existing development) § General Development Standards (Article 3) also apply Density: 6 – 12 dwelling units per acre Setbacks: 15’ front, 10’ side/rear, 10’ between units Height: 3-stories max. Footprint: 5,000 sf max. (nonresidential) Parking: 1-space per unit in manufactured housing community Definitions Purpose of new definitions: § Revised & align with federal / state definitions § Updating terminology to manufactured home / manufactured housing community § Define a minimum size for a community (5 or more manufactured homes) § Clarify accessory uses 12 Misc. Changes 13 Other changes throughout Land Use Code: § Numerous references to the new zone district § Identification for geographic or performance-based standards § Examples: Sign code, measuring building height, Council approval for APU process Board Recommendations / Public Input 14 Recommendations § Affordable Housing Board: (5-1) preservation through new zone district § Planning and Zoning Board: (4-3) recommending Option A of LUC changes Public Input Themes § Preservation goal is important for residents; reduces uncertainty about redevelopment and displacement § Zone district is too restrictive; negative impact on property owners and long- term options for property -1- OPTION A ORDINANCE NO. 100, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE LAND USE CODE TO ESTABLISH A MANUFACTURED HOUSING ZONE DISTRICT WHEREAS, City Council acknowledges the significant contribution of manufactured housing communities to the City of Fort Collins and seeks to promote the preservation of the currently existing manufactured housing communities within Fort Collins; and WHEREAS, the Council wishes to reduce the likelihood of resident displacement and loss of affordable housing units by encompassing the existing manufactured housing communities within a new zone district developed specifically for them; and WHEREAS, to accomplish these purposes, the Council desires to adopt the new M-H Zone District to advance the City’s efforts to preserve and support currently existing manufactured housing communities; and WHEREAS, the new M-H Zone District includes a series of different standards that set a base level for development intensity, safety and compatibility within the district; and WHEREAS, the creation of the M-H Zone District requires modifications throughout the Fort Collins’ Land Use Code; and WHEREAS, the Land Use Code changes would bring the City in closer alignment with the updated state and federal terminology relating to manufactured housing; and WHEREAS, the Planning and Zoning Board met on July 16, 2020, and made a recommendation on the Land Use Code changes, voting 4-3 to recommend adoption of this Ordinance by City Council; and WHEREAS, the modification of the Land Use Code to include the M-H Zone District serves the public purpose of preserving and maintaining current manufactured housing communities within the City and is in the best interest of the citizens of Fort Collins. 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 1.3.1 of the Land Use Code is hereby amended to read as follows: -2- 1.3.1 Establishment of Zone Districts In order to carry out the purposes of this Code, the City is hereby divided into the following zone districts: . . . Manufactured Housing District (M-H) . . . Section 3. That Section 1.3.4(G) of the Land Use Code is hereby amended to read as follows: 1.3.4 – Addition of Permitted Uses . . . (G) Zones Subject to City Council Addition of Permitted Use Review. The City Council shall make all final determinations regarding any addition of permitted use under subsection (C)(3) with respect to a project located, in whole or in part, in any of the following zone districts: . . . 9. Manufactured Housing District (M-H). Section 3. That Section 2.3.2(H) of the Land Use Code is hereby amended to read as follows: 2.3.2 - Overall Development Plan Review Procedures . . . (H) Step 8 (Standards): Applicable. An overall development plan shall comply with the following criteria: . . . (2) The overall development plan shall be consistent with the required density range of residential uses (including lot sizes and housing types) with regard to any land which is part of the overall development plan and which is included in the following districts: . . . -3- (g) The Manufactured Housing District (M-H). See Section 4.11(D)(1). (gh) The Community Commercial - North College District (C-C-N). See Section 4.19(D)(1). (hi) The Harmony Corridor District (H-C). See Section 4.26(D)(4). (ij) The Employment District (E). See Section 4.27(D)(5). . . . Section 4. That Section 3.8.6 of the Land Use Code is hereby amended to read as follows: 3.8.6 Group Home Regulations and Shelters for Victims of Domestic Violence (A) Residential group homes shall conform to the lot area and separation requirements specified in the following table: Zone Maximum number of residents excluding supervisors, for minimum lot size Additional lot area for each additional resident (square feet) Maximum permissible residents, excluding supervisors Minimum separation requirements between any other group home (feet)* . . . . . . . . . . . . . . . R-L, N-C- L, H-C, E, R-F, M-H 3 1,500 8 1,500 . . . . . . . . . . . . . . . . . . (B) Large group care facilities shall conform to the lot area and separation requirements specified in the following table: Zone Maximum number of residents excluding supervisors, for minimum lot size Additional lot area for each additional resident (square feet) Maximum permissible residents, excluding supervisors Minimum separation requirements between any other -4- L-M-N, N-C-M, M-H R-D-R 6 750 15 1,000 . . . . . . . . . . . . . . . Section 5. That Section 3.8.7.1(M) of the Land Use Code is hereby amended to read as follows: 3.8.7.1 Generally . . . (M) Sign Districts. Table (M) Sign Districts Sign District Corresponding Zoning Districts . . . . . . Multifamily N-C-M; N-C-B; M-H . . . . . . Section 6. That Section 3.8.17(A)(2)(c) of the Land Use Code is hereby amended to read as follows: 3.8.17 Building Height (A) Measuring Building Height. . . . (2) Building Height Measured in Stories. In measuring the height of a building in stories the following measurement rules shall apply: . . . -5- (c) A maximum vertical height of twelve (12) feet eight (8) inches shall be permitted for each residential story. This maximum vertical height shall apply only in the following zone districts: U- E; R-F; R-L; L-M-N; M-M-N; N-C-L; N-C-M; N-C-B; R-C; C-C- N; N-C; and H-C; and M-H. . . . Section 7. That Section 3.8.23 of the Land Use Code is hereby amended to read as follows: 3.8.23 Mobile Home ParkManufactured Housing Regulations Mobile Home Parks Manufactured Housing Communities shall be developed in accordance with the applicable general development standards contained in Article 3, the applicable district standards contained in Article 4, and the regulations contained in Chapter 18 of the City Code. Section 8. 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: Zone Maximum number of permissible residents, excluding occupant family Maximum percentage of parcels per block face that may be used for extra occupancy houses . . . . . . . . . M-M-N, H-M-N, N-C-B, M- H One (1) tenant per three hundred fifty (350) square feet of habitable floor space, in addition to a minimum of four hundred (400) square feet of habitable floor space if owner-occupied. No limit. . . . . . . . . . Section 9. That Section 3.8.31(C)(3) of the Land Use Code is hereby amended to read as follows: 3.8.31 - Urban Agriculture -6- . . . (C) Standards. . . . (3) Notice. At the time of an initial application for an urban agriculture land use within a residential zone (N-C-L, N-C-M, U-E, R-F, R-L, L-M-N, M- M-N, H-M-N, N-C-B, M-H, R-C and P-O-L) or if the urban agriculture land use exceeds one-half (0.5) acre in size, the Director shall determine whether the proposed urban agriculture land use presents a significant impact on the affected neighborhood, and, if so, the Director shall schedule a neighborhood meeting and provide mailed and posted notice for such meeting. Such notice and neighborhood meeting shall be conducted in accordance with Sections 2.2.2 and 2.2.6 of this Code. Section 10. That Section 4.5(B)(3)(a) of the Land Use Code is hereby amended to read as follows: Division 4.5 Low Density Mixed-Use Neighborhood District (L-M-N) . . . (B) Permitted Uses. . . . (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. Manufactured housing communities. . . . Section 11. That Division 4.11 of the Land Use Code shall read in its entirety as follows: Division 4.11 Manufactured Housing District (M-H) (A) Purpose. The M-H Manufactured Housing District is intended for existing manufactured housing communities located throughout the City. This designation is designed to preserve and support existing manufactured housing communities as the predominant residential use alongside other complementary accessory and -7- nonresidential activities which primarily serve residents of manufactured housing communities. (B) Permitted Uses. (1) The following uses are permitted in the M-H District, subject to basic development review, provided that such uses are located on lots that are part of an approved site-specific development plan: (a) Residential Uses: 1. Shelters for victims of domestic violence for up to fifteen (15) residents. (b) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. 3. Urban agriculture. 4. Wireless telecommunications equipment. (c) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with Zoning Code in effect on March 27, 1997, or in compliance with this Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan. (d) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; however, that such existing use shall constitute a permitted use only on such parcel of property. (e) Institutional/Civic/Public Uses: 1. Neighborhood parks as defined by the Parks and Recreation Policy Plan. -8- (2) The following uses are permitted in the M-H District, subject to administrative review: (a) Residential Uses: 1. Manufactured housing community. 2. Group homes for up to eight (8) developmentally disabled or elderly persons. 3. Extra occupancy rental houses with four (4) or more tenants. (b) Institutional/Civic/Public Uses: 1. Places of worship or assembly. 2. Minor public facilities. 3. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan. (c) Commercial/Retail Uses: 1. Child care centers. 2. Adult day/respite care centers. (3) The following uses are permitted in the M-H District, subject to Planning and Zoning Board review: (a) Institutional/Civic/Public Uses: 1. Community facilities. 2. Neighborhood support/recreational facilities. 3. Seasonal overflow shelters. (C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Direction or the Planning and Zoning Board pursuant to Section 1.3.4 of this Code shall be prohibited. (D) Land Use Standards. -9- (1) Density. Residential development in the Manufactured Housing District shall have an overall minimum average density of six (6) dwelling units per gross acre, and an overall maximum average density of twelve (12) dwelling units per gross acre. (2) Dimensional Standards. (a) Minimum front setback between any building and the property line shall be fifteen (15) feet. (b) Minimum side and rear setbacks between any building and the property line shall be ten (10) feet. (c) The minimum distance between manufactured homes or other buildings in a manufactured home park shall be ten (10) feet. (3) Building Height. The maximum building height shall be three (3) stories. (4) Maximum Size. The maximum building footprint for all nonresidential uses shall be five thousand (5,000) square feet. (5) Parking. A minimum of one (1) off-street parking space shall be provided for each manufactured home in a manufactured housing community. Section 12. That Section 4.27(B)(3)(a) of the Land Use Code is hereby amended to read as follows: Division 4.27 Employment District (E) . . . (B) Permitted Uses. . . . (3) The following uses are permitted in the E District, subject to review by the Planning and Zoning Board: (a) Residential Uses: . . . 5. Mobile home parks. Manufactured housing communities. . . . -10- Section 13. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Manufactured home” which reads in its entirety as follows: Manufactured home shall mean a preconstructed, transportable dwelling unit built on a permanent chassis and anchored at the site where it will be occupied as a dwelling unit. 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. Section 14. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Manufactured housing community” which reads in its entirety as follows: Manufactured housing community shall mean a parcel of land that 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. Section 15. That the definition “Mobile home” contained in Section 5.1.2 of the Land Use Code is hereby deleted. Mobile home shall mean a transportable, single-family dwelling unit built on a permanent chassis with attached undercarriage consisting of springs, axles, wheels and hubs, and which is suitable for year-round occupancy and contains the same water supply, waste disposal and electrical conveniences as immobile housing. A mobile home is designed to be transported on streets to the place where it is to be occupied as a dwelling unit and may or may not be attached to a permanent foundation. Section 16. That the definition “Mobile home park” contained in Section 5.1.2 of the Land Use Code is hereby deleted. Mobile home park shall mean a parcel of land which has been planned, improved or is currently used for the placement of mobile homes and contains more than one (1) mobile home lot. -11- Introduced, considered favorably on first reading, and ordered published this 4th day of August, A.D. 2020, and to be presented for final passage on the 18th day of August, A.D. 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 18th day of August, A.D. 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk -1- OPTION B ORDINANCE NO. 101, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE LAND USE CODE TO ESTABLISH A MANUFACTURED HOUSING ZONE DISTRICT WHEREAS, City Council acknowledges the significant contribution of manufactured housing communities to the City of Fort Collins and seeks to promote the preservation of the currently existing manufactured housing communities within Fort Collins; and WHEREAS, the Council wishes to reduce the likelihood of resident displacement and loss of affordable housing units by encompassing the existing manufactured housing communities within a new zone district developed specifically for them; and WHEREAS, to accomplish these purposes, the Council desires to adopt the new M-H Zone District to advance the City’s efforts to preserve and support currently existing manufactured housing communities; and WHEREAS, the new M-H Zone District includes a series of different standards that set a base level for development intensity, safety and compatibility within the district; and WHEREAS, the creation of the M-H Zone District requires modifications throughout the Fort Collins’ Land Use Code; and WHEREAS, the Land Use Code changes would bring the City in closer alignment with the updated state and federal terminology relating to manufactured housing; and WHEREAS, the Planning and Zoning Board met on July 16, 2020, and made a recommendation on the Land Use Code changes, voting 4-3 to recommend adoption of the Ordinance with three fewer permitted residential land uses (single-family attached dwellings, two-family dwellings [duplex] and multi-family dwellings up to three units per building [triplex]) included in the M-H zone district; and WHEREAS, the modification of the Land Use Code to include the M-H Zone District serves the public purpose of preserving and maintaining current manufactured housing communities within the City and is in the best interest of the citizens of Fort Collins. 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 1.3.1 of the Land Use Code is hereby amended to read as follows: -2- 1.3.1 Establishment of Zone Districts In order to carry out the purposes of this Code, the City is hereby divided into the following zone districts: . . . Manufactured Housing District (M-H) . . . Section 3. That Section 1.3.4(G) of the Land Use Code is hereby amended to read as follows: 1.3.4 – Addition of Permitted Uses . . . (G) Zones Subject to City Council Addition of Permitted Use Review. The City Council shall make all final determinations regarding any addition of permitted use under subsection (C)(3) with respect to a project located, in whole or in part, in any of the following zone districts: . . . 9. Manufactured Housing District (M-H). Section 3. That Section 2.3.2(H) of the Land Use Code is hereby amended to read as follows: 2.3.2 - Overall Development Plan Review Procedures . . . (H) Step 8 (Standards): Applicable. An overall development plan shall comply with the following criteria: . . . (2) The overall development plan shall be consistent with the required density range of residential uses (including lot sizes and housing types) with regard to any land which is part of the overall development plan and which is included in the following districts: . . . -3- (g) The Manufactured Housing District (M-H). See Section 4.11(D)(1). (gh) The Community Commercial - North College District (C-C-N). See Section 4.19(D)(1). (hi) The Harmony Corridor District (H-C). See Section 4.26(D)(4). (ij) The Employment District (E). See Section 4.27(D)(5). . . . Section 4. That Section 3.8.6 of the Land Use Code is hereby amended to read as follows: 3.8.6 Group Home Regulations and Shelters for Victims of Domestic Violence (A) Residential group homes shall conform to the lot area and separation requirements specified in the following table: Zone Maximum number of residents excluding supervisors, for minimum lot size Additional lot area for each additional resident (square feet) Maximum permissible residents, excluding supervisors Minimum separation requirements between any other group home (feet)* . . . . . . . . . . . . . . . R-L, N-C- L, H-C, E, R-F, M-H 3 1,500 8 1,500 . . . . . . . . . . . . . . . . . . (B) Large group care facilities shall conform to the lot area and separation requirements specified in the following table: Zone Maximum number of residents excluding supervisors, for Additional lot area for each additional resident (square Maximum permissible residents, excluding Minimum separation requirements between any other group home (feet)* -4- minimum lot size feet) supervisors L-M-N, N-C-M, M-H R-D-R 6 750 15 1,000 . . . . . . . . . . . . . . . Section 5. That Section 3.8.7.1(M) of the Land Use Code is hereby amended to read as follows: 3.8.7.1 Generally . . . (M) Sign Districts. Table (M) Sign Districts Sign District Corresponding Zoning Districts . . . . . . Multifamily N-C-M; N-C-B; M-H . . . . . . Section 6. That Section 3.8.17(A)(2)(c) of the Land Use Code is hereby amended to read as follows: 3.8.17 Building Height (A) Measuring Building Height. . . . (2) Building Height Measured in Stories. In measuring the height of a building in stories the following measurement rules shall apply: -5- . . . (c) A maximum vertical height of twelve (12) feet eight (8) inches shall be permitted for each residential story. This maximum vertical height shall apply only in the following zone districts: U- E; R-F; R-L; L-M-N; M-M-N; N-C-L; N-C-M; N-C-B; R-C; C-C- N; N-C; and H-C; and M-H. . . . Section 7. That Section 3.8.23 of the Land Use Code is hereby amended to read as follows: 3.8.23 Mobile Home Park Manufactured Housing Regulations Mobile Home Parks Manufactured Housing Communities shall be developed in accordance with the applicable general development standards contained in Article 3, the applicable district standards contained in Article 4, and the regulations contained in Chapter 18 of the City Code. Section 8. 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: Zone Maximum number of permissible residents, excluding occupant family Maximum percentage of parcels per block face that may be used for extra occupancy houses . . . . . . . . . M-M-N, H-M-N, N-C-B, M- H One (1) tenant per three hundred fifty (350) square feet of habitable floor space, in addition to a minimum of four hundred (400) square feet of habitable floor space if owner-occupied. No limit. . . . . . . . . . -6- Section 9. That Section 3.8.31(C)(3) of the Land Use Code is hereby amended to read as follows: 3.8.31 - Urban Agriculture . . . (C) Standards. . . . (3) Notice. At the time of an initial application for an urban agriculture land use within a residential zone (N-C-L, N-C-M, U-E, R-F, R-L, L-M-N, M- M-N, H-M-N, N-C-B, M-H, R-C and P-O-L) or if the urban agriculture land use exceeds one-half (0.5) acre in size, the Director shall determine whether the proposed urban agriculture land use presents a significant impact on the affected neighborhood, and, if so, the Director shall schedule a neighborhood meeting and provide mailed and posted notice for such meeting. Such notice and neighborhood meeting shall be conducted in accordance with Sections 2.2.2 and 2.2.6 of this Code. Section 10. That Section 4.5(B)(3)(a) of the Land Use Code is hereby amended to read as follows: Division 4.5 Low Density Mixed-Use Neighborhood District (L-M-N) . . . (B) Permitted Uses. . . . (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. Manufactured housing communities. . . . Section 11. That Division 4.11 of the Land Use Code shall read in its entirety as follows: Division 4.11 Manufactured Housing District (M-H) -7- (A) Purpose. The M-H Manufactured Housing District is intended for existing manufactured housing communities located throughout the City. This designation is designed to preserve and support existing manufactured housing communities as the predominant residential use alongside other complementary accessory and nonresidential activities which primarily serve residents of manufactured housing communities. (B) Permitted Uses. (1) The following uses are permitted in the M-H District, subject to basic development review, provided that such uses are located on lots that are part of an approved site-specific development plan: (a) Residential Uses: 1. Shelters for victims of domestic violence for up to fifteen (15) residents. (b) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. 3. Urban agriculture. 4. Wireless telecommunications equipment. (c) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with Zoning Code in effect on March 27, 1997, or in compliance with this Code (other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan. (d) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; however, that such existing use shall constitute a permitted use only on such parcel of property. (e) Institutional/Civic/Public Uses: -8- 1. Neighborhood parks as defined by the Parks and Recreation Policy Plan. (2) The following uses are permitted in the M-H District, subject to administrative review: (a) Residential Uses: 1. Manufactured housing community. 2. Group homes for up to eight (8) developmentally disabled or elderly persons. 3. Extra occupancy rental houses with four (4) or more tenants. (b) Institutional/Civic/Public Uses: 1. Places of worship or assembly. 2. Minor public facilities. 3. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan. (c) Commercial/Retail Uses: 1. Child care centers. 2. Adult day/respite care centers. (3) The following uses are permitted in the M-H District, subject to Planning and Zoning Board review: (a) Residential Uses: 1. Single-family detached dwellings. 2. Two-family dwellings, 3. Multi-family dwellings up to three (3) units per building. (b) Institutional/Civic/Public Uses: -9- 1. Community facilities. 2. Neighborhood support/recreational facilities. 3. Seasonal overflow shelters. (C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or (2) determined to be permitted by the Direction or the Planning and Zoning Board pursuant to Section 1.3.4 of this Code shall be prohibited. (D) Land Use Standards. (1) Density. Residential development in the Manufactured Housing District shall have an overall minimum average density of six (6) dwelling units per gross acre, and an overall maximum average density of twelve (12) dwelling units per gross acre. (2) Dimensional Standards. (a) Minimum front setback between any building and the property line shall be fifteen (15) feet. (b) Minimum side and rear setbacks between any building and the property line shall be ten (10) feet. (c) The minimum distance between manufactured homes or other buildings in a manufactured home park shall be ten (10) feet. (3) Building Height. The maximum building height shall be three (3) stories. (4) Maximum Size. The maximum building footprint for all nonresidential uses shall be five thousand (5,000) square feet. (5) Parking. A minimum of one (1) off-street parking space shall be provided for each manufactured home in a manufactured housing community. Section 12. That Section 4.27(B)(3)(a) of the Land Use Code is hereby amended to read as follows: Division 4.27 Employment District (E) . . . (B) Permitted Uses. -10- . . . (3) The following uses are permitted in the E District, subject to review by the Planning and Zoning Board: (a) Residential Uses: . . . 5. Mobile home parks. Manufactured housing communities. . . . Section 13. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Manufactured home” which reads in its entirety as follows: Manufactured home shall mean a preconstructed, transportable dwelling unit built on a permanent chassis and anchored at the site where it will be occupied as a dwelling unit. 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. Section 14. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition “Manufactured housing community” which reads in its entirety as follows: Manufactured housing community shall mean a parcel of land that 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. Section 15. That the definition “Mobile home” contained in Section 5.1.2 of the Land Use Code is hereby deleted. Mobile home shall mean a transportable, single-family dwelling unit built on a permanent chassis with attached undercarriage consisting of springs, axles, wheels and hubs, and which is suitable for year-round occupancy and contains the same water supply, waste disposal and electrical conveniences as immobile housing. A mobile home is designed to be transported on streets to the place where it is to be occupied as a dwelling unit and may or may not be attached to a permanent foundation. -11- Section 16. That the definition “Mobile home park” contained in Section 5.1.2 of the Land Use Code is hereby deleted. Mobile home park shall mean a parcel of land which has been planned, improved or is currently used for the placement of mobile homes and contains more than one (1) mobile home lot. Introduced, considered favorably on first reading, and ordered published this 4th day of August, A.D. 2020, and to be presented for final passage on the 18th day of August, A.D. 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 18th day of August, A.D. 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk group home (feet)*