HomeMy WebLinkAbout2023-075-08/15/2023-DIRECTING CITY STAFF TO PREPARE AND PRESENT TO COUNCIL AMENDMENTS TO THE CITY OF FORT COLLINS LAND U - 1 - RESOLUTION DEFEATED
August 15, 2023
RESOLUTION 2023-075
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DIRECTING CITY STAFF TO PREPARE AND PRESENT TO COUNCIL AMENDMENTS
TO THE CITY OF FORT COLLINS LAND USE CODE INCREASING OCCUPANCY
ALLOWED IN RESIDENTIAL DWELLINGS
WHEREAS, the City of Fort Collins began regulating occupancy in 1963; and
WHEREAS, the current version of the City’s occupancy ordinance, Section 3.8.16 of the
Land Use Code (hereafter, the “Ordinance”), limits occupancy of residential dwellings to a family
of any size plus one additional unrelated occupant, or to no more than three unrelated occupants;
and
WHEREAS, active enforcement of the Ordinance began in 2005, when violation of the
Ordinance was classified as a civil infraction; and
WHEREAS, since then, Council has had several in-depth conversations about occupancy
and nuisance regulation as part of the community dialogue regarding neighborhood livability, and
has reviewed regular evaluations of the Ordinance and its impacts; and
WHEREAS, adjustments have been made to the Ordinance over the years to allow for
designations as extra occupancy rentals in some zoning districts through a development review
process outlined in Land Use Code Section 3.8.28, as well as the addition of a Host Family Permit;
and
WHEREAS, the City’s Housing Strategic Plan, formally adopted in March 2021, addresses
how the Ordinance limits housing options and poses challenges related to fair housing compliance;
and
WHEREAS, additional concerns with the Ordinance include underutilization of the City's
existing housing stock and how the application of the definition of “family” in the Ordinance no
longer reflects the demographic makeup of many households in the community; and
WHEREAS, numerous types of analysis have been completed over time, including analysis
of existing conditions (Root Policy Research), housing stock analysis, occupancy cases and
enforcement, peer city comparisons, and community surveys and engagement; and
WHEREAS, the City partnered with Corona Insights in 2005, 2009, and 2019 to evaluate
the overall impacts of the Ordinance on the community; and
WHEREAS, compared to the previous survey in 2005, the 2019 Corona Insights study
reported a dramatic shift in the demographics of households in violation of occupancy regulations,
suggesting that, compared to 2005, a wider cross-section of households are bringing in roommates
in violation of the Ordinance, likely in an effort to defray high housing costs; and
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August 15, 2023
WHEREAS, from the period of 2005 to 2018, a price escalation of 78% for rent payments,
paired with low rental vacancy rates under 5%, likely resulted in occupants “doubling up” to afford
housing for a broad range of household configurations; and
WHEREAS, the City’s population was estimated to be between 169,000-172,000 residents
in 2020-2021, and there were roughly between 14,718 and 17,718 more bedrooms in the City than
there were residents; and
WHEREAS, these figures demonstrate a noteworthy underutilization of the City’s existing
housing stock; and
WHEREAS, the issue of occupancy limits in the Land Use Code has become an issue of
considerable interest and debate among residents of the City; and
WHEREAS, the City Council continues to hear strong arguments from the community on
both the perceived effectiveness of regulation of occupancy as well as its perceived disadvantages;
and
OPTION 1 WHEREAS, the City Council is of the opinion that City Staff should prepare and
present for Council consideration amendments to the Land Use Code to eliminate familial
relatedness as a mechanism for regulating occupancy and to increase the limits on occupancy to
no more than ___ adults per dwelling unit.
OPTION 2 WHEREAS, the City Council is of the opinion that City Staff should prepare and
present for Council consideration amendments to the Land Use Code to eliminate familial
relatedness as a mechanism for regulating occupancy and to develop new regulations that increase
the maximum occupancy allowed in residential dwellings based on the number of adults per
dwelling unit, or based on building size or number of sleeping rooms (bedrooms), or by some other
method.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
OPTION 1 Section 2. That City Staff are hereby directed to prepare amendments to the
Land Use Code to increase the limits on occupancy to no more than ___ adults per dwelling unit
and to eliminate familial relatedness as a mechanism for regulating occupancy, and present them
to the City Council for consideration no later than [DATE].
OPTION 2 Section 2. That City Staff are hereby directed to prepare amendments to the
Land Use Code to eliminate familial relatedness as a mechanism for regulating occupancy and to
develop new regulations that increase the maximum occupancy allowed in residential dwellings
based on the number of adults per dwelling unit, or based on building size or number of sleeping
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August 15, 2023
rooms (bedrooms), or by some other method, and present them to Council for consideration no
later than [DATE].
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th
day of August, 2023.
____________________________________
Mayor
ATTEST:
_____________________________
Chief Deputy City Clerk