HomeMy WebLinkAboutMemo - Read Before Packet - 12/1/2020 - Memorandum From Cameron Gloss Re: Items Relating To The Manufactured Housing (Mh) Rezonings (Agenda Items 19-24)
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.221.6376
970.224.6134 - fax
Planning, Development & Transportation
MEMORANDUM
DATE: December 1, 2020
TO: Mayor Troxell and City Councilmembers
THRU: Darin A. Atteberry, City Manager
Kelly DiMartino, Deputy City Manager
Caryn Champine, Planning, Development & Transportation Director
Paul Sizemore, Interim Community Development & Neighborhood Services
Director
FROM: Cameron Gloss, Long-Range Planning Manager
RE: Items relating to the Manufactured Housing (MH) Rezonings
This memo responds to two questions posed by the Leadership Planning Team on November
30, 2020, related to the rezoning of six properties to the MH district.
1. How does the City address competing processes and programs?
The City has a number of different policies, goals, and standards for community development
provided by City Plan, the Land Use Code and, in certain geographic areas, by neighborhood
and subarea plans. Stakeholder comments and input, as well as other stated City and Council
priorities, also influence decision-making processes.
Due to the unique circumstances of individual sites and proposals there are often competing
policies or priorities at play. The City’s policy documents provide some parameters for staff and
decision-makers when considering competing goals:
City Plan includes a number of high-level principles and more specific policies for each
of the City’s outcome areas to help guide decision-making. The latest City Plan update
also highlighted five priority focus areas for the community to address in the coming
years.
The introduction to the Land Use Code (Section 1.2.2) includes a list of 15 purpose
statements to guide the City’s land development standards.
When deviations from a Land Use Code standard are proposed, only certain criteria can
be used as a justification. While these relate specifically to a modification of standards,
their basis may be useful when thinking of competing policy priorities as well. The four
criteria are:
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o The modification or deviation is nominal and inconsequential
o The modification will meet the original standards purpose in an equal to or better
manner
o The modification helps alleviate a defined issue of citywide concern or provides
substantial benefit to the city
o The modification is a result of a physical hardship (e.g. topography)
When providing recommendations, staff often reviews these high-level factors alongside
stakeholder comments and other stated Council/City priorities to determine if there may be a
greater number of factors pointing towards a certain direction. In response to the example of dirt
roads within the Cottonwood manufactured housing community, there are certainly competing
policy goals between site preservation for manufactured homes and environmental protection
from fugitive dust pollution.
From the staff’s perspective, policy direction appears to lean towards affordable housing
preservation and promotion of different housing options as a community priority. While rezoning
the site certainly makes it less likely the nonconforming conditions would be addressed due to
redevelopment, leaving it under current zoning does not guarantee that code compliance issues
would be addressed.
If there are other life/safety issues present the City has the means to address substandard
conditions, including greater enforcement of the existing City Code section pertaining to
manufactured housing.
2. How does someone become a “person of interest” in the case of the
Manufactured Rezoning hearings?
A "Person of Interest" is defined for appellate purposes in the Land Use Code. However, the
Manufactured Housing Rezoning is not an appeal. The Planning and Zoning Board only made
a recommendation, as Council is the quasi-judicial body making the final rezoning decision. As
Council meetings regarding rezonings function as quasi-judicial public hearings, they are
governed by LUC 2.2.7(B). LUC 2.2.7(B)(1) (Rights of All Persons) which states, "Any person
may appear at a public hearing and submit evidence, either individually or as a representative of
a person or an organization." Thus, because LUC 2.2.7(B)(1) governs the Manufactured
Housing Rezoning hearing set for December 1, 2020, any person may speak to the item; but it
will be up to Council to weigh that testimony. (For example, a person residing in a
manufactured housing community or an owner of that community who gives public comment
may be more impactful for Council than a resident with no ties to a manufactured housing
community giving general public comment.)
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