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HomeMy WebLinkAboutMemo - Mail Packet - 12/5/2023 - Memorandum From Paul Sizemore Re: Summary Of Neighborhood Meetings In The Land Use Code Update Process Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax fcgov.com Planning, Development & Transportation Services MEMORANDUM Date: November 29, 2023 To: Mayor and City Councilmembers Through: Kelly DiMartino, City Manager Tyler Marr, Deputy City Manager Caryn Champine, Director, Planning Development, and Transportation From: Paul Sizemore, Director, Community Development & Neighborhood Services Subject: Summary of Neighborhood Meetings in the Land Use Code Update Process The purpose of this memo is to follow up on a question raised during the work session on Council Appeals to Quasi-judicial Decisions on November 14, 2023. During Council discussion, staff was asked to provide a memo clarifying the status of neighborhood meetings and administrative reviews of residential projects in the existing (1997) Land Use Code, the repealed (2022) Land Development Code, and in the new Land Use Code adopted by Council on October 17, 2023. Existing 1997 Land Use Code In the existing code, housing developments are reviewed in one of three different ways, depending on the nature of the proposal and the zone district it is located in. Basic Development Reviews (BDR) are reviewed by staff, with staff as the final decision-maker. Public notice occurs (sign posting and mailings); however, no neighborhood meeting is required and a public hearing is not conducted. Type 1 Reviews also receive a staff review and public notice. A public hearing is held and the decision is made by an administrative hearing officer. No neighborhood meeting is required. Type 2 Reviews are reviewed by staff and then go to the Planning and Zoning Commission for a hearing. Public notice and a neighborhood meeting are required for these items. Repealed 2022 Land Development Code In the repealed Land Development Code, residential projects would have all moved to a BDR review. This means that public notice would have been provided, but no neighborhood meeting or public hearing would have been held. DocuSign Envelope ID: DE232CFF-A30E-46D1-AFBD-0F307EFE5227 Adopted 2023 Updated Land Use Code In the code adopted by Council in October (scheduled to go into effect on January 1, 2024, pending the outcome of the repeal petition), housing projects will continue to be reviewed in the same manner as they were in the 1997 code except for affordable housing projects. Projects that meet the definition of affordable housing will become BDR reviews as an incentive and to maintain eligibility for Prop 123 funding. Neighborhood meetings will continue to be required for all Type 2 reviews, which go to the Planning and Zoning Commission for hearing. During the development of the 2023 code update, staff and Council explored options that would have moved some other residential projects to a BDR review and instituted neighborhood meetings alongside the administrative review; however, since Council decided to keep the levels of review and notice/hearing requirements the same for these projects, this proposal was not implemented. The below backup slide from the Land Use Code adoption hearings presents a more graphical view of this information: DocuSign Envelope ID: DE232CFF-A30E-46D1-AFBD-0F307EFE5227