HomeMy WebLinkAboutWORK SESSION SUMMARY-07/31/2023-Work SessionPage 1 of 3
Community Development & Neighborhood
Services
Planning & Development Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.221.6376
970.224.6111- fax
MEMORANDUM
Date: August 10, 2023
To: Mayor Arndt and City Councilmembers
Through: Kelly DiMartino, City Manager
Tyler Marr, Deputy City Manager
Caryn Champine, Director of Planning, Development, and Transportation
From: Sylvia Tatman-Burruss, Sr. Policy & Project Manager
Noah Beals, Development Review Manager
Re: July 31, 2023 Work Session Summary – Land Use Code Extended Discussion
__________________________________________________________________
At the July 31st Work Session, staff received feedback regarding potential code alternatives, and received
guidance on next steps. The staff presentation was provided by Caryn Champine, Meaghan Overton,
Noah Beals and Paul Sizemore. Councilmember Canonico joined remotely. All other Councilmembers
were in attendance.
Summary of Feedback
Council discussed the content for this work session in multiple segments. The presentation began with a
review of key topics of potential code changes, review of engagement events to date, previous Council
feedback, and a review of current Housing Capacity across the community.
Following the introduction and project grounding, Councilmembers reviewed a series of 33 potential code
Alternatives organized into two buckets, including Zone Districts and Citywide Topics. Within those
buckets, Alternatives within 3 different Zone Districts were discussed: Residential, Low Density (RL);
Neighborhood Conservation, Low Density (NCL); Neighborhood Conservation, Medium Density (NCM).
Following the discussion of Zone District Alternatives, Councilmembers reviewed a series of Citywide
Topics, including Affordable Housing, Private Covenants and HOAs, Parking & Infrastructure, the
Development Review Process, and Short-Term Rentals (STRs).
Specific Feedback
Residential, Low Density (RL): Most Councilmembers expressed general support for Alternatives 1
through 4, accompanied by a discussion that included the following questions and requests:
Evaluation of existing multi-unit buildings in the Residential, Low Density (RL) zone district how
those were reviewed and approved. Multi-unit buildings and duplexes that existed in a RL zone
today were either approved through different zoning requirements at the time they were built such
as a Planned Unit Development (PUD). There was a period of time when the City allowed over-
under duplexes that were built without a permit to come through and be approved and establish
safely and legally with minimum fees. Additionally, as the City becomes aware of unpermitted
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dwelling units our inspectors engage with those property owners to bring the property into
compliance.
Discussion of the Transit Oriented Development Overlay District (TOD ) and how that relates to
Residential, Low Density zone district. The TOD does not overlap any RL zone district.
However, the RL zone does abut areas where the TOD is located, as seen in the example below
Several Councilmembers asked for clarifying information regarding Alternative Number 5 given the
interactions between the “or” statements. Follow up requests regarding Alternative Number 5 include:
More detailed explanation of Alternative Number 5, including feasibility and how the different
options may interact.
Allow Duplexes on any of the following:
Lots of 100ft width or
Lots that integrate the existing structure or
Lots that create an affordable housing development or
Lots within .25 of high frequency transit
Neighborhood Conservation, Low Density (NCL): Most Councilmembers expressed general support for
Alternatives 6 through 8, accompanied by a discussion that included the following considerations and
questions:
Interest in maintaining the height limit to 24 feet for residential structures to avoid nonconformities
for existing homes.
Request to clarify allowance of 6 units on lot sizes between 4,500 and 6,000 square feet.
Review previous code regulations and historic context to explain how current conditions and
proposed changes will complement existing character.
Affordable Housing: Councilmembers expressed general support for Alternatives 15 and 16, with a
request for an update to the Housing Capacity estimates to better understand how the proposed
Alternatives affect housing capacity and current affordable housing goals.
Councilmembers also requested more information regarding deed restriction requirements and what
impact moving beyond the 20-year requirement will have on the creation of affordable housing.
Private Covenants and HOAs: Councilmembers expressed general support for Alternatives 18 through
20, accompanied by a discussion regarding differential treatment of HOAs versus neighborhoods without
HOAs. Councilmembers requested a comparison between implications of the Alternatives on HOA and
non-HOA neighborhoods.
Parking & Infrastructure: Councilmembers generally supported Alternatives 22 through 25, though there
was a request to consider exempting corner lots from Accessory Dwelling Unit (ADU) parking
requirements and to always count tandem parking spaces.
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Development Review Process: Councilmembers were generally in agreement that no changes should be
made to the Development Review Process regarding review types, neighborhood meeting requirements
and current public hearing requirements.
One exception discussed was to allow Affordable Housing projects to go through a Basic Development
Review (BDR) process to expedite such projects.
Short Term Rentals (STRs): Councilmembers generally supported Alternatives 32 and 33 to restrict new
Accessory Dwelling Units (ADUs) from being used as STRs and allow existing ADUs to continue to
operate under their current license. A request was made to follow up regarding how many STRs existing
in accessory buildings. There are approximately 375 STRs City wide and 48 of those are in accessory
buildings.
Follow ups and Clarifications
As follow-up from this work session, staff will share several additional analyses with Councilmembers now
and in a future work session on August 22nd:
Where helpful for illustration, create a comparison for code Alternatives to compare current
code, repealed code, and proposed code changes.
Clarify the proposed changes do include allowing Accessory Dwelling Units in the Urban
Estate zone on all residential lots regardless of lot size.
Clarify proposed design changes (specifically articulation) to assess whether they will be
better than current code.
Prepare a legal assessment of the approach that "opts out" of certain zoning regulations,
(specifically ADU’s) practiced in Houston.
Prepare a list of all City Plan amendments.
Offer examples of common nonconformities and their consequences.
Next Steps
Council will continue to discuss the Land Use Code Updates at the August 22nd work session. The
August work session will summarize feedback from the July 31st work session and discuss additional
information requested on several of the Alternatives discussed above.
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