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HomeMy WebLinkAboutMemo - Read Before Packet - 10/17/2023 - Information From Noah Beals Re: Updated Power Point For Agenda Item #13- Items Related To The Adoption Of A New Land Use CodeFrom:Noah Beals To:Sylvia Tatman-Burruss; CCSL Cc:Caryn M. Champine; Paul S. Sizemore; Meaghan Overton; Clay Frickey Subject:Land Use Code - Update Power Point Date:Friday, October 13, 2023 5:13:23 PM Attachments:Power Point Presentaition_LUC_SecondReading_LUC.pdf Good afternoon, Councilmembers – Attached is an update to the Power Point presentation for 2nd reading of Land Use Code. Two new slides have been added. These can be found as slide 9 and 10. Thank you all and have a good weekend, Noah Beals, AICP Development Review Manager | City of Fort Collins nbeals@fcgov.com | 970.416.2313 direct Land Use Code Phase 1 Updates: Second Reading October 17, 2023 Housing Strategic Plan Implementation 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 2 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 4Summary of Topics to Carry Forward No proposed changes to: •Basic Development Review (BDR) •Type 1 Review (Hearing Officer) •Type 2 Review (Planning and Zoning Commission) •Site Plan Advisory Review (SPAR) •Existing 12-step review process •Level of review required for residential development (except Affordable Housing) •Non-residential uses •Historic Preservation requirements •Environmental/Natural Resources requirements •Landscaping requirements •Street design requirements •Engineering requirements •Planned Unit Development (PUD) requirements •Addition of Permitted Use (APU) requirements •Modification and Variance standards •Adequate Public Facilities •Occupancy Regulations (i.e., U+2) 1.Increase overall housing capacity (market rate and affordable) and calibrate market-feasible incentives for deed restricted affordable housing Summary of Code Changes •Increasing housing types and number of units allowed in residential, mixed-use, and commercial zones •Reducing parking requirements for studio, one-, and two-bedroom units in multi- unit developments and for affordable housing developments with 7 or more units •Requiring parking for ADUs •Allowing ADUs in all residential and mixed-use zones (with some requirements) •Creating a menu of building types with zone-specific standards •Adding form-based regulations to enhance compatibility in RL, NCM, NCL, and NCB •Clarifying language related to HOAs and private covenants •Allowing Affordable Housing projects to be reviewed through a BDR process •Using a consistent, graphic and form-based approach to code standards •Reorganizing code content and sections to consolidate and simplify information •Updating definitions and rules of measurement for consistency •Expanding Affordable housing incentives •Updating and modifying Affordable housing definitions + requirements •Requiring 60 years of deed restriction instead of the current 20 years 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 Discussion Items from First Reading 7Items for Discussion Items for Council Discussion 1. In RL, Allow duplexes under one of the following site-specific conditions: •100ft wide lots •Duplex integrates an existing structure •Duplex includes one unit of deed-restricted affordable housing •Lot located within 1/4 mile of current or future high-frequency transit 2. In OT-A (NCL), allow three units on lots 6,000 sf or larger under one the following site-specific conditions: •Combination of a duplex + ADU •Triplex integrates an existing structure •Triplex includes one deed-restricted affordable housing unit •A 3-unit Cottage Court includes one deed-restricted affordable housing unit 3.In OT-B (NCM), allow six units on lots 6,000sf or larger under the following site-specific condition: •Approved building types that both integrate with the existing structure and includes a deed restricted affordable housing unit. 4.In OT-B (NCM), allow six units on lots 9,000sf or larger with under the following site-specific condition: •A six-unit Cottage Court includes one deed-restricted affordable housing unit 5.Allow a Private Covenant/HOA to regulate site placement of all structures (additional setbacks, separation requirements) 6.Require properties with a new ADU to have a resident manager. 7.Did Council intend the Short Term Rental prohibition to apply to the ADU and primary house or just the ADU? Amended - removed from draft LUC at First Reading 8Housing Capacity in Proposed LUC by Zone Type Breakdown of Zone Types: •Mixed-Use: 71% (often commercial and residential mixes, either stacked as a single building or within a larger development, including Low-Density Mixed Use (LMN) and Medium Density Mixed Use (MMN)) •Commercial: 23% (Different mix of commercial zone districts, including Community Commercial (CC), General Commercial (CG), etc.) •Residential: 6% (Lower-density, residential-only zones, such as Residential, Low-Density (RL), Neighborhood Conservation Districts (NCL, NCM), and Urban Estate (UE)) 9Housing Capacity in Proposed LUC by Zone Type Commercial 23%Mixed Use 71 %Residential 6% CG, HC, E, CS, CCN….LMN, MMN, NC, D, HMN UE, RL, OT, RUL, RF 1 0Peer Cities Analysis: Accessory Dwelling Units (ADUs) Reviewed 33 Front Range jurisdictions for ADU regulations: •Larimer, Boulder, Adams, Arapahoe, Weld, and Jefferson Counties •28 jurisdictions (85%) allowed ADUs; 5 (15%) did not allow •23 jurisdictions (70%) adopted ADU regulations between 2020-2023 •56% of Colorado population lives in a jurisdiction that allows ADUs 89%82%79%68%68%61% Common ADU Regulations (N=28) 1 1Investor and Out-of-State Ownership (2021 data) •About 5% of all single-unit, townhouse, and duplex/triplex units are owned by out-of-state investors •The vast majority (85%) of investors are located in Colorado •About 90% of investors (both in- and out-of-state) own 1 property in addition to their own residence. •About 0.2% of investors own more than 10 units Housing Type Owner Occupied Investor Owned Total Housing Units % Owner Occ. % Investor Owned CO Investor Out of State Investor Single-unit 29,148 7,117 1,464 37,729 77%23% Townhouse 1,329 4,714 601 6,644 20%80% Duplex/Triplex 164 866 115 1,145 14%86% Total 30,614 12,697 2,180 45,491 67%33% 0 10,000 20,000 30,000 40,000 50,000 Owner Occupied Colorado Investor Out of State Investor Single-unit Townhouse Duplex/Triplex TOTAL # units 12Low Density Residential (RL) Zone CURRENT CODE REPEALED CODE DRAFT LUC Base Housing Types: Detached house; detached accessory structure Max Density: 1 dwelling unit per lot Lot Size: 6,000sf or 3 times house size min. Height: 28ft for detached house and accessory structures. 3- stories for all other uses Parking: 1 space per house Other: No incentive for affordable housing. May have multiple accessory structures. No STR allowed. Base Housing Types: Detached house; duplex; ADU; detached accessory structure Max Density: 3 dwelling units per lot Lot Size: 6,000sf or 3 times house size min. Height: 28 ft max; 24 ft for ADU Parking: 1-3 spaces per unit depending on number of bedrooms. No additional parking for ADU. Other: Affordable housing allowed 3-unit apartment; 3-unit rowhouse; and cottage court housing types Base Housing Types: Detached house; duplex; ADU; detached accessory structure Max Density: 2 units per lot (detached house + ADU only) Lot Size: 6,000sf or 3 times house size min. Height: 28 ft max; 24 ft for ADU; 15 ft for detached ADU with no alley Parking: 1 space per house; 1 space for ADU (tandem space may count toward requirement) Other: No additional housing type incentive for affordable housing; HOA may limit to internal ADU only; require resident manager Neighborhood Character: Remove duplex, apartment, rowhouse, and cottage court; reduce maximum density to 2 units per lot; reduce ADU height where there is no alley; require resident manager; prohibit short term rentals (STR) Parking: Require parking for ADUs HOA: Permit HOAs to limit ADU types and site placement 13Neighborhood Conservation, Low Density (NCL / OT-A) Zone CURRENT CODE REPEALED CODE DRAFT LUC Base Housing Types: Detached house; carriage house on lots >12,000 sf; and accessory structures for any size lot Max Density: 1 unit or 2 units for lots >12,000 sf; lot coverage limits Lot Size: 6,000 sf min. Height: 2 stories; 24 ft for carriage house Parking: 1-2 spaces per unit Other: No incentive for affordable housing. No STR allowed Base Housing Types: Detached house; duplex; ADU; triplex detached accessory structure Max Density: 3 units per lot; 2,400 sf floor area cap for detached house; lot coverage limits Lot Size: 4,500 sf min. Height: 35 ft max; 24 ft for ADU Parking: 1-3 spaces per unit. No additional parking for ADU Other: Affordable housing allowed 3-unit apartment, rowhouse, and cottage court Base Housing Types: Detached house; duplex; ADU; triplex detached accessory structure Max Density: 3 units per lot; 2,400 sf floor area cap for detached house; lot coverage limits Lot Size: 4,500 sf; 6,000 sf for 3-unit apartment/rowhouse; 9,000 sf for 3- unit cottage court Height: 35 ft max; 24 ft for ADU; 15 ft for detached ADU with no alley Parking: 1-3 spaces per unit; 1 space for ADU (tandem space may count) Other: Affordable housing allows 3- unit apartment, rowhouse, and cottage court. Requirements to integrate existing structure; HOA may limit to internal ADU only; require resident manager Neighborhood Character: Increase required lot size for 3- unit housing types; add requirements to integrate with existing structures; reduce ADU height where there is no alley; require resident manager; prohibit short term rentals (STR) Parking: Require parking for ADUs HOA: Permit HOAs to limit ADU types and site placement 14Neighborhood Conservation, Medium Density (NCM / OT-B) Zone CURRENT CODE REPEALED CODE DRAFT LUC Base Housing Types: Detached house; duplex; multi-unit up to 4 units; carriage house on lots >10,000 sf; detached accessory structure Max Density: 4 units per lot; lot coverage limits Lot Size: 5,000 sf min. Height: 2 stories; 24 ft for carriage house Parking: 1-3 spaces per unit. Other: No incentive for affordable housing. Primary-STR only Base Housing Types: Detached house; duplex; multi-unit up to 5 units; ADU; detached accessory structure Max Density: 6 units per lot; 2,400 sf floor area cap for detached house; lot coverage limits Lot Size: 4,500 sf min. Height: 35 ft max; 24 ft for ADU Parking: 1-3 spaces per unit. No additional parking for ADUs Other: Affordable housing allowed 6-unit apartment and 5-unit rowhouse Base Housing Types: Detached house; duplex; multi-unit up to 5 units; ADU; detached accessory structure Max Density: 6 units per lot; 2,400 sf floor area cap for detached house; lot coverage limits Lot Size: 4,500 sf min.; 6,000 sf for 4- unit apartment/rowhouse; 9,000 sf for 3-6 unit cottage court Height: 35 ft max; 24 ft for ADU; 15 ft for detached ADU with no alley Parking: 1-3 spaces per unit; 1 space for ADU (tandem space may count) Other: Affordable housing allows 6-unit apartment, 5-unit rowhouse, and 3-6 unit cottage court. Requirements to integrate existing structure; HOA may limit to internal ADU only; require resident manager; prohibit all STR in ADUs Neighborhood Character: Increase required lot size for housing types with 4 or more units; add max of 6 units to cottage courts; add requirements to integrate with existing structures; reduce ADU height where there is no alley; require resident manager; prohibit short term rentals (STR) in ADUs Parking: Require parking for ADUs HOA: Permit HOAs to limit ADU types and site placement 15Private covenants/Homeowners’ Associations (HOAs) CURRENT CODE REPEALED CODE HOAs are prohibited from creating or enforcing provisions that Prohibit or limit: -The installation or use of xeriscape landscaping -The installation or use of solar/photovoltaic collectors on roofs -The installation or use of clothes lines in back yards -The installation or use of odor controlled compost bins Or requiring: -Turf grass yards/lots In addition to current code, HOAs were also prohibited from creating or enforcing provisions that Prohibit or limit: -The City’s regulations to implement its housing policies, as supported by the Housing Strategic Plan -Including but not limited to provisions for increased density, height and occupancy In addition to current code, HOAs are also prohibited from creating or enforcing provisions that Prohibit or limit: -The number and/or type of dwelling units permitted on a lot when that number and/or type of dwelling unit(s) would otherwise be permitted -The ability to subdivide property when that subdivision would otherwise be permitted HOAs may enforce covenants that Regulate: -External aesthetics including (but not limited to) site placement/ setbacks, color, window placement, height, and materials -If the ADU is internal or detached -Other unrelated covenants (e.g. pets, maintenance of properties, fees, etc.) Neighborhood Character: Permit HOAs to determine ADU type (internal or detached); permit HOAs to regulate site placement of all structures (additional setbacks, separation requirements) HOA: Provide more clarity about where HOAs have authority to regulate (aesthetics, site placement) DRAFT LUC Consideration of Adoption Does Council wish to adopt Ordinance Nos. 136, 2023; 137, 2023; and 138, 2023, for the proposed Land Use Code updates on Second Reading?