HomeMy WebLinkAboutMemo - Read Before Packet - 8/22/2023 - Memorandum From Noah Beals And Sylvia Tatman-Burruss Re: Update To Slides For The Land Use Code Work Session Item
City Manager’s Office
City Hall
300 LaPorte Ave.
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107 - fax
fcgov.com
MEMORANDUM
Date: August 22, 2023
To: Mayor and City Councilmembers
Thru: Kelly DiMartino, City Manager
Tyler Marr, Deputy City Manager
Caryn Champine, Director, Planning Development and Transportation
Paul Sizemore, Director, Community Development and Neighborhood Services
From: Noah Beals, Development Review Manager
Sylvia Tatman-Burruss, Senior Policy & Project Manager
Re: Update to Slides for the Land Use Code Work Session Item
Purpose: This memo is intended to call attention to the updated slides for the August 22nd Work
Session on the Land Use Code.
Per the email sent recently, an updated version of the slide deck is attached given feedback
from the Leadership Planning Team (LPT) on Monday, August 21st. Please find the following
changes in the slide deck:
• Additional highlighting on slides 24 and 28
• Additional slide 35
• Additional information on slide 36 (previously slide 35)
Attachment: Updated Power Point slides
Land Use Code: Potential Code Alternatives
August 22nd, 2023
Caryn Champine | Director, Planning Development & Transportation
Paul Sizemore | Director, Community Development & Neighborhood Services
Noah Beals | Development Review Manager
Outline
Introduction: Overview and Policy Alignment
(3 min presentation)
Part 1: Engagement Update and Timeline
(3 min presentation)
Part 2: Zone-Specific Alternatives
(15 min presentation; 30 min discussion)
Part 3: Citywide Alternatives
(5 min presentation; 20 min discussion)
Conclusion: Next Steps
(2 min presentation; 15 min discussion)
2
Questions 3
How should the alternatives appear in the draft
ordinance of the Land Use Code?
Purpose of the Land Use Code Updates:
To Align the LUC with Adopted City Plans and Policies with a focus on:
•Housing-related changes
•Code Organization
•Equity
4
FIVE GUIDING
PRINCIPLES
Revisions to the code will
continue to support the
five guiding principles
confirmed by City Council
in November 2021 with an
emphasis on Equity.
1.Increase overall housing capacity
(market rate and affordable)
and calibrate market-feasible incentives for
deed restricted affordable housing
2.Enable more affordability
especially near high frequency
transit and growth areas
3.Allow for more diverse housing choices
that fit in with the existing context
4.Make the code easier to use
and understand
5.Improve predictability
of the development permit review
process, especially for housing
1.Increase overall housing capacity
(market rate and affordable)
and calibrate market-feasible incentives for
deed restricted affordable housing
2.Enable more affordability
especially near high frequency
transit and growth areas
3.Allow for more diverse housing choices
that fit in with the existing context
4.Make the code easier to use
and understand
5.Improve predictability
of the development permit review
process, especially for housing
Other ChangesKey Topic Areas
•Housing types and number
of units allowed in RL, NCL,
and NCM Zones
•Affordable housing
incentives
•Affordable housing
definitions + requirements
•Regulations to enhance
compatibility in RL, NCL,
and NCM Zones
•Private covenants and
HOAs
•Parking
•Short-term rentals (STRs)
•Levels of review for
residential development
•Basic Development
Review process
•Housing types allowed in
mixed-use and some
commercial zones (cottage
court, ADU, etc)
•Increasing maximum density in
LMN Zone from 9 to 12
dwelling units per acre
•Maximum 2,400 sq. ft single-unit floor
area in NCM, NCL, NCB
•Design requirements (bulk plane,
façade articulation, etc.) and rear-lot
requirements in NCM, NCL, NCB
•Form-based approach to regulating
housing types
•Allow ADUs in the UE zone
•Code reorganization
•Simplify and rename NCL, NCM,
NCB to OT A, B, C
•Clarification of definitions/measures
•Graphic and form-based
representation of code standards
Engagement Update
8Engagement Update
Engagement to Date:
•38+ meetings and events over the last 4 months
•10+ updates to Council + Boards and Commissions
•200+ emails and general comments received
•60 attendees at the April Virtual Info Session
•70 attendees at the April Deliberative Forum
•175 attendees at the May 8th open house event
•100+ attendees total at 13 neighborhood-specific
walking tours and 1 general walking tour
•Spanish walking tour July 26th
•Alternatives Exhibit on August 9th
9Timeline
Stage 1 (March - April)
•Begin outreach
•Identify areas for engagement and potential adjustment
Stage 2 (April - June)
•Gather feedback through dialog
•Listen, Consult & Involve
Stage 3 (June - July)
•Draft Potential Alternatives
•Analysis & Legal Review
Stage 4 (August - October)
•Code drafting
•Recommendations & Adoption
Potential Alternatives and
Revisions
11Mapping Potential Code Revisions
limit housing capacity and
choices
Allow for more diverse
housing choices
that fit in with the existing
character
Allow for more diverse
housing choices that do not
fit within the existing
character
Increase housing
capacity and choices
More emphasis on changes
to address housing capacity
and choices
Less emphasis on changes
to address choices that fit in
with existing character
More emphasis on changes
to address both housing
capacity/choices and choices
that fit in with existing
character
Less emphasis on
changes to address either
housing capacity/choices
or choices that fit in with
existing character
(status quo)
Less emphasis on changes
to address housing capacity
and choices
More emphasis on changes
to address choices that fit in
with existing character
Overview
12Housing Capacity
PERFORMANCE METRIC EXISTING
CODE LDC CODE % CHANGE
Total Housing Capacity
Estimated number of units possible to build
under zoning standards
25,959
dwelling units
39,725
dwelling units ⬆53%Housing Capacity as
Percent of Projected 20 -
Year Housing Need
Estimated capacity compared to total projected
housing demand through 2040.1
85%
of 30,480 units
130%
of 30,480 units
Housing Capacity in
Transit Corridors
Estimated number of units possible to build
under zoning standards within 5 minute walk of
existing and future transit corridors.
5,104
dwelling units
8,299
dwelling units ⬆63%
1 Source: City Plan Trends and Forces Report (2017)
HOUSING CAPACITY REPORT CARD –Original Capacity Analysis based on LDC
13
PERFORMANCE METRIC EXISTING
CODE PROPOSED CODE % CHANGE
Total Housing Capacity
Estimated number of units possible to build
under zoning standards
25,959
dwelling units
39,563
dwelling units ⬆52%Housing Capacity as
Percent of Projected 20 -
Year Housing Need
Estimated capacity compared to total projected
housing demand through 2040.1
85%
of 30,480 units
130%
of 30,480 units
Housing Capacity in
Transit Corridors
Estimated number of units possible to build
under zoning standards within 5 minute walk of
existing and future transit corridors.
5,104
dwelling units
8,221
dwelling units ⬆61%
1 Source: City Plan Trends and Forces Report (2017)
Housing Capacity
HOUSING CAPACITY REPORT CARD - UPDATED
14Zone Districts
•There are 26 total zone districts
within the City
•Alternatives focus on three
residential zone districts:
o Residential, Low Density (RL)
o Neighborhood Conservation, Low
Density (NCL)
o Neighborhood Conservation,
Medium Density (NCM)
•Combined, these three zones
comprise about 25% of the city’s
land areaRL Zone
NCL Zone
NCM Zone
15RL: Council Feedback
RL (Residential, Low Density)
1 Limit ADUs to one story when there is no alley
2 Allow ADU with single unit dwelling, not with a duplex
3 Require ADU properties to be owner occupied (meaning owner has to reside in one of the units)
4 Allow two units maximum (house + ADU or duplex only)
5 Allow duplexes ONLY IF 1) a lot is 100ft wide or wider or 2) one unit is an
affordable housing unit or 3) the duplex converts and integrates an
existing structure or 4) a lot is within 1/4 mile of current or future high-
frequency transit
16RL: Discussion of Alternatives
Allow Duplexes if one of the following criteria is met:
Lots of 100ft width OR 20% of parcels in RL (Approx. 5,000 lots)
Lots that integrate the existing structure OR
Lots that require an affordable housing development OR
Lots within 1/4 of high frequency transit 31% of parcels in RL (Approx. 7,750 lots)
Example: 2-unit, side by side
17RL: Discussion of Alternatives
Example: 2-unit, split-levelThere are about 25,000 parcels within the RL zone district.
About 5,000 parcels (20% of RL parcels) are 100 feet wide or wider.
About 7,750 parcels (31% of RL parcels) are within ¼ mile of current or future high-frequency transit.
•There are no current incentives for affordable housing in
the RL Zone.
•While property owners would be allowed to build a
second unit under specific circumstances, other
constraints, such as setback, height, utility, access, and
parking requirements may make some parcels infeasible
for two dwelling units.
•These alternatives aim to mitigate impacts of additional
housing in neighborhoods (concerns about density,
character, and parking) while still allowing a limited
increase in housing capacity.
Considerations for Alternative Number 5
1
8Code Comparison
Residential, Low Density
Existing Land Use Code Land Development Code (LDC)Proposed Alternative
Prohibits Duplexes
Would have allowed a duplex on lots
100ft wide or wider
Would have allowed a triplex if one
unit were deed-restricted as
affordable
Allow duplex with site-specific
requirements
19RL: Council Feedback
Residential, Low Density (RL)
Single unit and Small lot town homes
Residential, Low Density (RL)Single unit, Small lot town homes and Duplexes
Zone District Existing Housing Types
20RL: Discussion of Alternatives
5 Allow Duplexes if one of the following criteria is met:
1)a lot is 100ft width or wider or;
2)one unit is an affordable housing unit or;
3)the duplex converts and integrates an existing structure or;
4)a lot is within 1/4 mile of current or future high-frequency transit
Where should duplexes be permitted?
21NCL: Council Feedback
NCL (Neighborhood Conservation, Low Density)
6 Decrease minimum lot size to 4,500 sf
7 Allow two units maximum on lots 4,500 - 6,000 sf (house + ADU or
duplex)
8 Restrict ADU height to the height of the primary building.
9 Allow three units maximum on lots 6,000+ sf ONLY IF 1) a duplex +
ADU or triplex converts and integrates an existing structure OR 2) a
triplex or 3-unit cottage court includes one affordable unit
22NCL: Alternatives
Allow 3 units on 6,000sf lots with any of the following Site-Specific Requirement:
Duplex + ADU Integrates Existing Structure
Triplex Integrates Existing Structure
Triplex Affordable Housing Unit
Allow 3 units on 9,000sf lots with the following Site Specific Requirement:
Cottage Court Affodable Housing Unit
•About 1,385 parcels (80% of NCL parcels) are larger than 6,000 square feet
•There are no current incentives for affordable housing in the NCL Zone.
•While property owners would be allowed to build up to three units on parcels larger than 6,000 square
feet, other constraints, such as setback, height, utility, access, and parking requirements may make
some parcels infeasible for three dwelling units.
Neighborhood Conservation, Low Density
23NCL Potential Alternatives: Housing Capacity
80% of lots in NCL are
6,000 square feet or larger
Lot Sq Ft Number of Lots Percentage
0-4499 sqft 67 3.9
4500-5999 sqft 267 15.5
6000-8999 sqft 805 46.8
9000+ sqft 580 33.7
Total 1719
Example: Duplex w/ADU alternative
2
4Code Comparison
Existing Land Use Code Land Development Code (LDC)Proposed Alternative
Allows Single Unit 6,000sf lots Would have allowed Single Unit 4,500sf lots Allow Single Unit 4,500sf lots
Allows Carriage House on 12,000sf lots Would have allowed ADUs on 4,500sf lots Allow ADU on 4,500sf lots
Would have allowed Duplexes on 4,500sf lots Allow Duplex on 4,500sf lot
Would have allowed 3 units on 4,500sf lots with
required Affordable Housing
Allow 3 units on 6,000sf lots with site
specific requirement
Would have allowed 3 units for a Cottage Court on
9,000sf lots
Allow 3 units max Cottage Court on 9,000
sf lot with required Affordable Housing
Neighborhood Conservation, Low Density
25NCL: Overview of Alternatives
9 Allow three units maximum on lots 6,000+ sf ONLY IF:
1)a duplex + ADU integrates and existing structure OR;
2)triplex integrates an existing structure OR;
3)triplex with an affordable housing unit OR;
Allow three units maximum on 9,000+ sf ONLY IF:
1)Cottage court with an affordable housing unit
Should the NCL Zone allow up to three units maximum on larger parcels?
26NCM: Council Feedback
NCM
10 Decrease minimum lot size to 4,500 sf
11 Allow three units maximum on lots 4,500 - 6,000 sf (single unit, duplex, row house and ADU
only)
12 Allow five units maximum on lots larger than 6,000 sf
13 Allow six units on 6,000 sf or larger ONLY IF the development converts and integrates
an existing structure (single unit, duplex, row house and ADU only) AND one unit is
affordable
14 Allow a Cottage Court (minimum 3 units, maximum 6 units) on lots 9,000 sf or larger
27NCM: Alternatives
•About 1,437 parcels (70% of NCM parcels) are larger than
6,000 square feet. Of these larger parcels:
•About 810 parcels (39% of all NCM parcels) are between
6,000-9,000 square feet.
•About 627 parcels (31% of all NCM parcels) are larger than
9,000 square feet.
•There are no affordable housing incentives in the NCM Zone.
•While property owners would be allowed to build additional
units, other constraints, such as setback, height, utility, access,
and parking requirements may make some parcels infeasible
for five or six dwelling units.
•This alternative aims to mitigate potential impacts of additional
housing in neighborhoods (heard as a concern during public
engagement) while still allowing a limited increase in housing
capacity.
Allow up to 5 Units ONLY IF:
Minimum lot size of 6,000+sf
Allow up to 6 Units if ALL the following criteria are met:
6,000 sf minimum lot size Integrates the existing
structure Affordable Housing Unit
Allow Cottage Courts if ALL the following criteria are met:
9,000 square foot minimum lot size Minimum of 3 units
Maximum of 6 units Minimum 100’ lot width
2
8Code Comparison
Existing Land Use Code Land Development Code (LDC)Proposed Alternative
Allows Single Unit 5,000 sf lots Allowed Single Unit 4,500 sf lots Allow Single Unit 4,500sf
lots
Allows Carriage House on
10,000sf lots Allowed ADU 4,500 sf lots Allow ADU on 4,500sf lots
Allows Duplex 5,000 sf lots Allowed Duplex on 4,500 sf lots Allow Duplex on 4,500sf
lots
Allows Triplex 5,000 sf lots Allowed Triplex on 4,500 sf lots Allow Triplex on 4,500 sf
lots
Allow 4-units on 5,000 sf lots Allowed 4 units on 5,000 sf lots Allow 4 units on 6,000+sf
lots
Allowed 5 units on 6,000 sf lots Allow 5 units on 6,000+sf
lots
Allowed 6 units 6,000sf lots with
an Affordable Housing unit
Allow 6 units on 6,000sf
lots integrates existing
structure and with an
affordable housing unit
Allowed 5+ units on 9,000sf lot Allow Cottage Courts 6
units max on lots 9,000+sf
Neighborhood Conservation, Medium Density
29NCM Potential Alternatives: Housing Capacity
Lot Sq Ft Number of Lots Percentage
0-4499 sqft 154 7.5
4500-5999 sqft 462 22.5
6000-8999 sqft 810 39.5
9000+ sqft 627 30.5
Total 2053
In the current LUC a majority of
lots in NCM could accommodate a
4-unit dwelling based on lot size.
30NCM Potential Alternatives: Housing Capacity
6 unit example: Existing large house on 6,000+ sf parcel;
converted into 5 studio dwelling units with backyard ADU
5 unit example: Existing large house on 6,000+ sf
parcel; converted into 5 studio dwelling units.
ADU in backyard for 6th unit
*Responds to community feedback
+ housing capacity
+ housing diversity
*Community feedback
The fifth unit would incentivize removal of
existing housing.
Neighborhood Conservation, Medium Density
31NCM Potential Alternatives: Cottage Court
Example: 6-unit Cottage Court, 17,500sf lot
+ housing capacity
+ housing diversity
*Community feedback
The fifth unit would incentivize removal of existing
housing.
Neighborhood Conservation, Medium Density
Should the NCM Zone allow up to six units maximum on larger parcels?
Should Cottage Courts be a permitted housing type in NCM?
32NCM: Overview of Alternatives
12 Allow five units maximum on lots larger than 6,000 sf
13 Allow six units on 6,000 sf or larger ONLY IF:
1)the development converts and integrates an existing structure and
2)one unit is affordable housing
14 Allow a Cottage Court (minimum 3 units, maximum 6 units) on lots
9,000 sf or larger
33Affordable Housing: Council Feedback
Affordable Housing
15 Expand affordable housing incentives citywide and calibrate market-feasible
incentives for ownership and rental
16 Update definitions of affordable housing to match market needs for ownership and
rental
17 Extend required affordability term to 99 years
Affordable Housing
3
4Code Comparison
Existing Land Use Code Land Development Code (LDC)Proposed Alternative
Both Rental and
Ownership Rental Ownership Rental Ownership
10% of units 10% of units 10% of units 10% of units 10% of units
80% AMI
60% AMI 80% AMI 60% AMI 80% AMI
20% of units 20% of units 20% of units 20% of units
80% AMI 100% AMI 80% AMI 100% AMI
20 years 99 years 99 years 50, 60, or 99
years ?
50, 60, or 99
years ?
Affordable Housing
3
5Affordability Term
Affordable Housing
•99 years Boulder, CO
•99 years Burlington, VT
•99 years Cambridge, MA
•99 years Chicago, IL
•50 years Loveland, CO
•60 years Denver, CO
•55 years State of California
Strategy # 8 of the City’s Housing Strategic Plan calls to Expand the City’s
Affordability Term and has been identified as a quicker win to increase
stability and for the preservation of affordable rental and owner options.
Able to respond to changes overtime sooner Ensures the benefit for more than one generation
36Affordable Housing: Overview of Alternatives
Should deed restrictions be lengthened for affordable developments to 50, 60
or 99 years?
17 Extend required affordability term to 50, 60, or 99 years
•99 years deed restriction is the longest term legally permitted
With out preventive maintenance
•50 years is the average useful life of the exterior and framing components of a multi-
unit building
•20-50 years is the average life span interior components
37Input in Development Review: Council Feedback
Input in Development Review RYG
26 Allow residential projects to be reviewed under Basic Development
Review
27 Require a neighborhood meeting for some projects (larger, more complex, etc.)
28 Require a pre-application conceptual review meeting for projects over 6 units
29 Establish a defined comment period for public comments on Basic Development Reviews
30 Require projects with Modifications go to P&Z when it involves a modification for certain code sections
(such as parking, height, density) or;
31 Require projects with Modifications go to P&Z when it involves more than a certain number of
modifications
Development Review Process
3
8Code Comparison
Existing Land Use Code Land Development Code (LDC)Proposed Alternative
Affordable Housing Developments not treated
differently subject to BDR, TYPE 1, or TYPE 2
Review
Affordable Housing Developments not treated differently
subject to BDR only
Allow Affordable Housing Developments
to be reviewed by BDR in any zone
district
Residential developments reviewed under BDR,
Type 1 or Type 2 dependent on the zone district
BDR review type for all residential projects in all zones All other residential developments
reviewed under BDR, Type 1 or Type 2
dependent on the zone district
This alternative continues with
existing review types for all
residential projects except for
Affordable Housing Projects
following Council feedback at the
July 31st work session
Development Review Process
39Affordable Housing Projects BDR Review
26 Allow Affordable Housing projects to be reviewed under Basic Development Review
•Basic Development Review (BDR) streamlines the review process for residential projects and can still
incorporate and include a robust public comment period and feedback process.
•The BDR review will help Affordable Housing projects to qualify for other State funding
40Private Covenant/HOAs: Council Feedback
Private Covenants/HOAs RYG
18 Allow an HOA to regulate the option for detached or attached ADU
19 Specify that HOA's can continue regulate aesthetics (color, window placement, height,
materials, etc.) within the bounds of their existing rules
20 Add language to allow HOA's to regulate site placement (additional setbacks, separation
requirements)
21 Allow an HOA to regulate whether a lot can be further subdivided
4
1Private Covenants and HOAs: Code Comparison
Existing Land Use Code Land Development Code (LDC)Proposed Alternative
Not allowed to exclude Clothes
lines, xericscape, solar power
and composting
Not allowed to exclude Clothes lines,
xericscape, solar power and composting
Not allowed to exclude Clothes lines,
xericscape, solar power and composting
Prohibits any convenant that effectively
makes it impossible to implement the
adopted Housing Strategic Plan
Prohibits any convenant that effectively
makes it impossible to implement the
adopted Housing Strategic Plan
Allows for HOAs to enforce their
own rules to allow ADUs if
permitted in the zone district
Required to allow ADUs HOA must allow ADUs
Allows for HOAs to determine if
a ADU could be attached or
detached
Required to allow both attached and
detached ADUs
Allow for HOAs to determine if an ADU is
attached or detached
Allows for HOAs to enforce their
own rules on subdivisions
Allow for HOAs enforce their own rules on
subdivisions
Private Covenants and HOAs
42Private Covenants & HOAs: Current Land Use Code + Discussion of Alternatives
21 Allow an HOA to regulate whether a lot can be further subdivided
•Community engagement highlighted that many residents who live in HOA neighborhoods would
like additional options to regulate or restrict ADUs.
•These alternatives seek to reflect desire for more regulation by HOAs with the interest
expressed to increase housing capacity across the community.
•Like all HOA covenants this would only apply in private covenant communities. Neighborhoods
without private covenants are limited by only the zone district standards.
18 Allow an HOA to regulate the option for detached or attached ADU
Questions 4
3
How should the alternatives appear in the draft
ordinance of the Land Use Code?
Next Steps
Next Steps 45
•First reading: October 3, 2023