HomeMy WebLinkAboutMemo - Mail Packet - 1/30/2024 - Memorandum From Sylvia Tatman-Burruss Re: January 16, 2024 Work Session Summary – Land Use Code DiscussionPage 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: January 23, 2024
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
CC: Noah Beals, Development Review Manager
Meaghan Overton, Housing Manager
Re: January 16, 2024 Work Session Summary – Land Use Code Discussion
__________________________________________________________________
At the January 16th Work Session, staff received feedback regarding potential Land Use Code revisions.
The staff presentation was provided by Caryn Champine, Sylvia Tatman-Burruss, Meaghan Overton and
Noah Beals. All Councilmembers were in attendance.
Summary of Feedback
The presentation began with a review of a timeline of comprehensive plan (City Plan) and Land Use Code
updates, the most recent plan updates that affect the Land Use Code, an overview of foundational land
use code elements, and 3 possible work streams.
Following the introduction, Councilmembers reviewed 9 potential code revisions. These potential
revisions in 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 other Citywide Topics, including
Affordable Housing and Homeowners Associations (HOAs). Councilmembers then discussed which of the
code revisions would be included Work Stream number 1: Foundational Land Use Code changes.
General feedback from Councilmembers included support for Work Stream #1, removal of the 9 revisions
included in the presentation, questions regarding future public engagement strategies, clarification
requested for past City Plan and Land Use Code updates, and direction to bring back a Foundational
Land Use Code in the spring of 2024.
Follow ups and Clarifications
Councilmembers asked for follow-up regarding the following topics:
City Plan and Land Use Code updates and revisions
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Follow-up information regarding Prop 123 and guidance from the Colorado Department of Local
Affairs (DOLA).
Updates to City Plan and the Land Use Code
The City’s first comprehensive plan was adopted in 1967 and was known as the Plan for Progress. This
plan was later replaced by City Plan in 1997. The 1997 version of City Plan called for updates every five
years. This five-year update schedule began d in 2002 and was adopted in 2004. In conjunction with an
update to the Transportation Master Plan, anther update to City Plan was adopted in 2011. The most
recent update to City Plan was adopted in April 2019.
Before a comprehensive plan was adopted, the City adopted it’s first “Land Use Code” in 1929 known as
the Zoning Code. This first code was 14 pages long and established 6 different zone districts. Over time,
the Zoning Code received periodic updates that expanded new uses and new zone districts. Major
Updates to the Zoning code were done in conjunction with adoption of the Comprehensive Plan and other
adopted plans. For example, to implement the Energy Conservation Plan that called for development to
conserve energy and maximize the use or renewable energy resources the City updated the Zoning code.
In 1981 the City renamed the Zoning Code to The Land Development Guidance System (LDGS), which
was originally 59 pages. The LDGS further expanded the number of zone districts and standards in which
development could be approved. As mentioned, City Plan was adopted in1997 and again the zoning
regulations were updated. The LDGS was renamed to the Land Use Code and continued to further
expand land uses and zone districts. During this time the Land Use Code received updates that provided
clarification, addressed new uses, and responded to new approaches. Some of these were done in
routine updates that happened twice a year. The Land Use Code grew to 27 different zone districts and
approximately180 separate uses. The current Land Use Code has seen 153 updates since its adoption in
1997.
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Proposition 123 Compliance
Proposition 123, which was approved by voters in a statewide election in 2022, concerns resources for
the creation of deed-restricted affordable housing across the state. Affordable housing is defined in
Proposition 123 as follows:
Rental housing at or below 60% Area Median Income (AMI), or
For-sale housing at or below 100% AMI,
and which costs the household less than 30% of its monthly income.
While the law states that expedited review must take place within 90 days of a complete application, the
statutory language could be open to various interpretations. Prop 123 states that expedited review is only
required for “a development project for which 50% or more of the residential units in the development
constitute affordable housing.” A “stakeholder advisory group” has been convened to help guide further
clarity for municipalities to meet the requirement for expedited review of affordable housing projects.
DOLA has committed to providing guidance materials in March of this year. Staff will continue to monitor
this process and update Council as final guidelines become available.
Next Steps
Staff will look to bring back Work Stream #1: Foundational Land Use Code changes in spring of
2024 upon review by the Planning and Zoning Commission.
Staff will provide more information regarding Work Streams #2 and #3 in late spring/early summer
of 2024 at a Council Work Session.
More information will be provided regarding updates to Proposition 123 guidance when it
becomes available from DOLA, expected early spring of 2024.
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