HomeMy WebLinkAboutMemo - Mail Packet - 12/13/2022 - Memorandum From Rebecca Everette, Meaghan Overton And Noah Beals Re: Land Development Code Questions1
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: December 8, 2022
To: Mayor Arndt and City Councilmembers
Through: Kelly DiMartino, City Manager
Tyler Marr, Deputy City Manager
Caryn Champine, Director of Planning, Development, and Transportation
Paul Sizemore, Director of Community Development and Neighborhood Services
From: Rebecca Everette, Planning Manager
Meaghan Overton, Housing Manager
Noah Beals, Development Review Manager
Re: Land Development Code Questions
__________________________________________________________________
The purpose of this memo is to respond to questions posed by a Councilmember related to the recently
adopted Land Development Code (LDC). Questions and responses from staff are detailed below.
Does the LDC affect where and how short-term rentals (e.g., AirBnB) can occur, particularly as it
relates to Accessory Dwelling Units (ADUs)?
The LDC did not change any of the code sections related to short-term rentals (STRs), so restrictions on
where and how a property can be used as an STR have not changed with the new code. The table below
shows where STRs are permitted. A map that shows the distribution of the zone districts that allow STRs
is attached to this memo and is available online:
https://gisweb.fcgov.com/HTML5Viewer/Index.html?Viewer=FCMaps&layerTheme=Short%20Term%20R
ental%20Zoning.
Zone District STR Permitted?
Rural Lands (RUL) Not permitted
Urban Estate (UE) Permitted (primary only)
Residential Foothills (RF) Not permitted
Low Density Residential (RL) Not permitted
Manufactured Housing (MH) Not permitted
Old Town, Low (OT-A) Not permitted
Old Town, Medium (OT-B) Permitted (primary only)
Old Town, High (OT-C) Permitted (primary only)
Low Density Mixed Use Neighborhood (LMN) Permitted (primary only)
Medium Density Mixed Use Neighborhood (MMN) Permitted (primary only)
High Density Mixed Use Neighborhood (HMN) Permitted (primary only)
DocuSign Envelope ID: E9FC5467-F96C-422F-AFB4-489C490FCF52
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Community Commercial (CC) Permitted (primary only)
Neighborhood Commercial (NC) Not permitted
Community Commercial, North College (CCN) Permitted (non-primary and primary)
Community Commercial, Poudre River (CCR) Permitted (non-primary and primary)
General Commercial (CG) Permitted (non-primary and primary)
Service Commercial (CS) Permitted (non-primary and primary)
Limited Commercial (CL) Permitted (non-primary and primary)
Harmony Corridor (HC) Permitted (non-primary and primary)
Downtown (D) Permitted (non-primary and primary)
Employment (E) Permitted (non-primary and primary)
Industrial (I) Permitted (non-primary and primary)
Public Open Lands (POL) Not permitted
Primary STRs must be occupied by the property owner for at least 9 months out of the year. This can
include duplexes or accessory dwelling units (ADUs) if located on the same property that is used as the
primary residence. Non-primary STRs are dwelling units that are not occupied by the owner.
STRs are not allowed in apartment or condo buildings with 3 or more dwelling units on a single p roperty,
including triplexes. The City’s building code considers the STR use of a condo/apartment building to be
too risky for renters who are not familiar with the space and trying to exit. This restriction does not apply to
single-unit attached dwellings (e.g., townhomes or row houses), which are separated by property lines
and subject to different building code requirements.
While the LDC does not require additional off-street parking for a detached ADU, off-street parking would
need to be provided if the building is used as a short-term rental (1-3 parking spaces, depending on the
number of rooms being rented).
Bottom line: In the UE and OT-B zone district, where ADUs or duplexes were not previously permitted
but primary STRs are allowed, property owners may have additional options for how they could host an
STR on their property. New duplexes and ADUs would be required to undergo development review and
building permit processes before a property owner could apply for an STR license, and all code
requirements would need to be met.
What is the process for a Modification of Standard, and has that process changed under the LD C?
The Land Development Code (formerly Land Use Code) is adopted with the recognition that there will be
instances where a project would support the implementation of adopted plans, but due to unique and
unforeseen circumstances would not meet a specific standard of the code as stated. The Modification of
Standard process allows a development applicant to request a variance from a particular code standard.
The modification process and criteria provide for evaluation of these instances on a case-by-case basis,
as follows:
1) The modification must not be detrimental to the public good; and
2) That one of the following criteria are met:
a. The plan as proposed is “equal to or better than” a plan that meets the standard;
b. The plan as proposed deviates from the standard only in a “nominal and inconsequential”
way;
c. The project substantially alleviates a defined citywide problem or addresses a critical
community need; or
d. There is an exceptional physical hardship on the site (not caused by an act or omission of
the applicant) that prevents the ability to meet the standard. This could include
exceptional narrowness, shallowness, topography, or other “unusual or exceptional
practical difficulties.”
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Under both the former LUC and the new LDC, modification requests are evaluated by the appropriate
decision maker for the development plan. So, for projects where the Planning & Zoning Commission is
the decision maker on the plan overall, they would also be the decision maker for modification requests.
For projects where City staff are the decision makers for the development plan, they would also decide
whether the criteria for a modification request have been satisfied. The decision maker for a project is
prescribed by the zoning for the property and the land use(s) being proposed, as set forth in Article 4 of
the LDC. All requests, regardless of the decision maker, are reviewed according to the same standards
and criteria in the code.
Modifications can be requested in one of two ways:
1) As part of a full development application; or
2) As a stand-alone request prior to the submittal of a full development application.
Modifications typically address targeted, technical code sections. While the scope and scale of a
modification requests varies, examples of recent modification requests on residential projects include:
Recent
Residential
Projects
Zone
District Modification Request Description
The Savoy PDP HC Block size requirement
Requested because the project has a block
size of 8.13 acres, which exceeds the 7-acre
maximum.
Hansen Farm
Multi-Family PDP MMN Orientation to a
connecting walkway
Requested because the orientation of one
building to the connecting walkway from the
primary entrance is not within 200 feet of a
street sidewalk.
Heartside Hill PDP LMN
Block size requirement
Requested because the project has a block
size of 8.35 acres, which exceeds the 7-acre
maximum.
Access to a park,
central feature or
gathering space
Requested because the plan’s proposed
park is not formed by a street pattern in such
a way that it is highly visible or easily
observed from streets.
Street-facing facades
Requested because one building does not
have a building entrance or doorway facing
Brittany Street.
Enclave at
Redwood LMN
Relation of dwellings
to streets and parking
Requested because 11 of the 240 dwellings
are located along a major walkway spine that
is longer than 350-ft from the street, per the
standard.
Mix of housing Requested to allow 3 housing types, rather
than the required mix of 4 housing types.
Ziegler-Corbett
ODP HC
Secondary uses
Requested because the plan proposes a mix
of secondary land uses (residential
dwellings, childcare center and community
facilities) that exceeds 25% of the total gross
area of the site.
Building height
Requested to allow for some buildings (or
parts of buildings) in the plan to be 4 stories,
which exceeds the 3-story maximum.
Note: Table includes all multi-unit residential projects approved by the Planning & Zoning Commission in 2022.
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ATTACHMENT: Map of Zone Districts that Permit Short-Term Rentals (STRs)
DocuSign Envelope ID: E9FC5467-F96C-422F-AFB4-489C490FCF52