HomeMy WebLinkAboutMemo - Mail Packet - 7/21/2020 - Memorandum From Jc Ward And Ryan Mounce Re: State Legislative Impacts On Mobile Home Park Livability Projects & Manufactured Housing Zone District UpdatePlanning, Development & Transportation
Community Development & Neighborhood Services
281 N. College Ave.
PO Box 580
Fort Collins, CO 80522
970.416.2350
970.224.6134 FAX
www.fcgov.com
MEMORANDUM
DATE: July 15, 2020
TO: Mayor Troxell and City Councilmembers
THRU: Darin Atteberry, City Manager
Kelly DiMartino, Deputy City Manager
Caryn Champine, PDT Director
Paul Sizemore, Interim CDNS Director
Marcy Yoder, Neighborhood Services Manager
Cameron Gloss, Long Range Planning Manager
FROM: JC Ward, Senior City Planner, Neighborhood Services
Ryan Mounce, City Planner, Long Range Planning
RE: State Legislation Impacts on Mobile Home Park Livability Projects &
Manufactured Housing Zone District Update
The purpose of this memo is to provide requested information on how recently passed state
legislation impacts the City’s manufactured housing livability work and provide an update on the
process and timeline for the implementation of the new manufactured housing zone district and
potential manufactured housing licensing.
Background
Cross-departmental technical teams began work in August 2019 on manufactured housing
community (“MHC”) residents’ rights and housing preservation projects based on updated City
Council priorities. In May 2019, the Colorado Mobile Home Park Oversight Act was signed into
law creating greater enforcement and a dispute resolution center to support resident protections
in the Colorado Mobile Home Act (1991). This dispute resolution center through the Colorado
Department of Local Affairs began taking resident complaints in May 2020 and the Mobile Home
Park Registration system began gathering property owner and manager information in January
2020.
In June 2020, Colorado House Bill 20-1196 “Mobile Home Park Act Updates” and 20-1201
“Mobile Home Park Residents Opportunity to Purchase” were passed by both houses of the
General Assembly and signed into law by Governor Polis on July 1, 2020.
State Legislation Impacts
The majority of the new House Bills’ content was anticipated by the Residents’ Rights Team and
guided decisions about ongoing policy recommendations and proposed Municipal Code
changes coming before Council on August 4, 2020. However, the final versions of both bills
include statewide policy and process changes that will impact the work of the Residents’ Rights
Team and the MHC Zoning Team. Highlights include:
DocuSign Envelope ID: 1BFC18FB-6A1A-4459-B08D-C6E955D3E9FA
Increased education to stakeholders on expanded rights and protections under the new
legislation. Consistent messaging will be developed for distribution through community
partners and Neighborhood Liaisons and the City will co-host workshops with community
partners (La Familia, Mi Voz, Genesis Project, Fuerza Latina, Colorado Immigrant Rights
Coalition) on residents’ rights and the new state-level complaint/investigation system.
Community Mediation Staff are receiving briefings about the work of the Residents’
Rights Team and will explore specialized training of designated mediators on unique
issues of MHC rules and regulations.
HB 20-1196 grants authority for Utilities to release customer data on usage and
payments that was previously prohibited. Utilities Customer Connections is already
working with the City Attorney’s Office to review the bill’s final language and assessing
whether additional action is needed for clarification in the Municipal Code.
Utilities Customer Accounts is working through implementation process options for water
utility billing transparency so the City will be ready to begin providing necessary data and
formulas to property managers as quickly as possible upon the Bill’s effective date.
HB 20-1201 expands opportunities for residents to purchase their parks and requires
notification to residents, municipalities, and the state when a sale is planned. Staff is
exploring whether further Land Use Code or Municipal Code changes may be needed to
clarify the local reporting and enforcement requirements.
The retaliation protections in the House bill do not address some specific issues that are
reported as widespread in Fort Collins. Staff continues to explore additional policy or
Municipal Code changes to strengthen resident protections.
State-level legislation does not address language equity in required notices or in park
rules. This is an opportunity for the City of Fort Collins to consider language equity
based on demographic make-up of the neighborhoods, including Spanish language
versions of required documents being available or large font in 55+ communities.
In addition to this new state legislation, staff is exploring how we can strengthen policies
at all levels (locally, state, and nationally) as a key aspect of the Housing Strategic Plan
that will be developed in the coming year.
Manufactured Housing Zone District
Staff has completed a series of Land Use Code changes to implement a new manufactured
housing zone district and create a new local tool for the preservation of manufactured housing
communities. If adopted, staff plans to initiate a rezoning process for Council to consider placing
existing manufactured housing communities into the new zone district.
Staff anticipates the combined Land Use Code update and rezoning process will take a
minimum of two months to complete due to notification requirements, Board recommendations,
and multiple readings before Council. This process was originally anticipated to begin several
months ago, however, the cancellation of Board and Commission meeting due to COVID-19 has
resulted in delays which will now push part of the process beyond the expiration of the
manufactured housing redevelopment moratorium at the end of August 2020.
Staff’s revised schedule for the Code adoption and rezoning process and other associated
manufactured housing related work is included in Attachment 1. The first items coming before
DocuSign Envelope ID: 1BFC18FB-6A1A-4459-B08D-C6E955D3E9FA
Council are planned for late July and early August and include an exemption request to allow for
the rezoning process to take place using remote hearings, first reading of Municipal Code
changes to enhance residents’ rights protections and first reading of Land Use Code changes to
create a new manufactured housing zone district. On July 28th, staff has also scheduled a work
session and is seeking final direction on property rezonings and the possible extension of the
moratorium while the rezoning process is completed. Council direction at the upcoming work
session may impact the rezoning schedule by requiring amendments to several policy plans.
This alternative rezoning timeline could extend further into Q4 2020 and is illustrated separately
in the schedule found in Attachment 1.
Manufactured Housing Licensing
The Residents’ Rights Technical Team is working with subject matter experts on the
development of options for manufactured housing community licensing ranging from business
licensing models that primarily deal with consistent documentation practices to building
inspector/Code Compliance inspector models with enhanced onsite investigation and
enforcement. The Team plans to bring forward the range of options and associated costs for
City Council consideration by Q4 2020.
DocuSign Envelope ID: 1BFC18FB-6A1A-4459-B08D-C6E955D3E9FA
Planning, Development & Transportation
Community Development & Neighborhood Services
281 N. College Ave.
PO Box 580
Fort Collins, CO 80522
970.416.2350
970.224.6134 FAX
www.fcgov.com
MEMORANDUM
DATE: July 15, 2020
TO: Mayor Troxell and City Councilmembers
THRU: Darin Atteberry, City Manager
Kelly DiMartino, Deputy City Manager
Caryn Champine, PDT Director
Paul Sizemore, Interim CDNS Director
Marcy Yoder, Neighborhood Services Manager
Cameron Gloss, Long Range Planning Manager
FROM: JC Ward, Senior City Planner, Neighborhood Services
Ryan Mounce, City Planner, Long Range Planning
RE: State Legislation Impacts on Mobile Home Park Livability Projects &
Manufactured Housing Zone District Update
The purpose of this memo is to provide requested information on how recently passed state
legislation impacts the City’s manufactured housing livability work and provide an update on the
process and timeline for the implementation of the new manufactured housing zone district and
potential manufactured housing licensing.
Background
Cross-departmental technical teams began work in August 2019 on manufactured housing
community (“MHC”) residents’ rights and housing preservation projects based on updated City
Council priorities. In May 2019, the Colorado Mobile Home Park Oversight Act was signed into
law creating greater enforcement and a dispute resolution center to support resident protections
in the Colorado Mobile Home Act (1991). This dispute resolution center through the Colorado
Department of Local Affairs began taking resident complaints in May 2020 and the Mobile Home
Park Registration system began gathering property owner and manager information in January
2020.
In June 2020, Colorado House Bill 20-1196 “Mobile Home Park Act Updates” and 20-1201
“Mobile Home Park Residents Opportunity to Purchase” were passed by both houses of the
General Assembly and signed into law by Governor Polis on July 1, 2020.
State Legislation Impacts
The majority of the new House Bills’ content was anticipated by the Residents’ Rights Team and
guided decisions about ongoing policy recommendations and proposed Municipal Code
changes coming before Council on August 4, 2020. However, the final versions of both bills
include statewide policy and process changes that will impact the work of the Residents’ Rights
Team and the MHC Zoning Team. Highlights include:
DocuSign Envelope ID: 1BFC18FB-6A1A-4459-B08D-C6E955D3E9FA
Increased education to stakeholders on expanded rights and protections under the new
legislation. Consistent messaging will be developed for distribution through community
partners and Neighborhood Liaisons and the City will co-host workshops with community
partners (La Familia, Mi Voz, Genesis Project, Fuerza Latina, Colorado Immigrant Rights
Coalition) on residents’ rights and the new state-level complaint/investigation system.
Community Mediation Staff are receiving briefings about the work of the Residents’
Rights Team and will explore specialized training of designated mediators on unique
issues of MHC rules and regulations.
HB 20-1196 grants authority for Utilities to release customer data on usage and
payments that was previously prohibited. Utilities Customer Connections is already
working with the City Attorney’s Office to review the bill’s final language and assessing
whether additional action is needed for clarification in the Municipal Code.
Utilities Customer Accounts is working through implementation process options for water
utility billing transparency so the City will be ready to begin providing necessary data and
formulas to property managers as quickly as possible upon the Bill’s effective date.
HB 20-1201 expands opportunities for residents to purchase their parks and requires
notification to residents, municipalities, and the state when a sale is planned. Staff is
exploring whether further Land Use Code or Municipal Code changes may be needed to
clarify the local reporting and enforcement requirements.
The retaliation protections in the House bill do not address some specific issues that are
reported as widespread in Fort Collins. Staff continues to explore additional policy or
Municipal Code changes to strengthen resident protections.
State-level legislation does not address language equity in required notices or in park
rules. This is an opportunity for the City of Fort Collins to consider language equity
based on demographic make-up of the neighborhoods, including Spanish language
versions of required documents being available or large font in 55+ communities.
In addition to this new state legislation, staff is exploring how we can strengthen policies
at all levels (locally, state, and nationally) as a key aspect of the Housing Strategic Plan
that will be developed in the coming year.
Manufactured Housing Zone District
Staff has completed a series of Land Use Code changes to implement a new manufactured
housing zone district and create a new local tool for the preservation of manufactured housing
communities. If adopted, staff plans to initiate a rezoning process for Council to consider placing
existing manufactured housing communities into the new zone district.
Staff anticipates the combined Land Use Code update and rezoning process will take a
minimum of two months to complete due to notification requirements, Board recommendations,
and multiple readings before Council. This process was originally anticipated to begin several
months ago, however, the cancellation of Board and Commission meeting due to COVID-19 has
resulted in delays which will now push part of the process beyond the expiration of the
manufactured housing redevelopment moratorium at the end of August 2020.
Staff’s revised schedule for the Code adoption and rezoning process and other associated
manufactured housing related work is included in Attachment 1. The first items coming before
DocuSign Envelope ID: 1BFC18FB-6A1A-4459-B08D-C6E955D3E9FA
Council are planned for late July and early August and include an exemption request to allow for
the rezoning process to take place using remote hearings, first reading of Municipal Code
changes to enhance residents’ rights protections and first reading of Land Use Code changes to
create a new manufactured housing zone district. On July 28th, staff has also scheduled a work
session and is seeking final direction on property rezonings and the possible extension of the
moratorium while the rezoning process is completed. Council direction at the upcoming work
session may impact the rezoning schedule by requiring amendments to several policy plans.
This alternative rezoning timeline could extend further into Q4 2020 and is illustrated separately
in the schedule found in Attachment 1.
Manufactured Housing Licensing
The Residents’ Rights Technical Team is working with subject matter experts on the
development of options for manufactured housing community licensing ranging from business
licensing models that primarily deal with consistent documentation practices to building
inspector/Code Compliance inspector models with enhanced onsite investigation and
enforcement. The Team plans to bring forward the range of options and associated costs for
City Council consideration by Q4 2020.
DocuSign Envelope ID: 1BFC18FB-6A1A-4459-B08D-C6E955D3E9FA