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HomeMy WebLinkAbout100 - 08/18/2020 - AMENDING THE LAND USE CODE TO ESTABLISH A MANUFACTURED HOUSING ZONE DISTRICT ORDINANCE NO. 100, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE LAND USE CODE TO ESTABLISH A MANUFACTURED HOUSING ZONE DISTRICT WHEREAS, City Council acknowledges the significant contribution of manufactured housing communities to the City of Fort Collins and seeks to promote the preservation of the currently existing manufactured housing communities within Fort Collins; and WHEREAS, the Council wishes to reduce the likelihood of resident displacement and loss of affordable housing units by encompassing the existing manufactured housing communities within a new zone district developed specifically for them; and WHEREAS, to accomplish these purposes, the Council desires to adopt the new M-H Zone District to advance the City's efforts to preserve and support currently existing manufactured housing communities; and WHEREAS, the new M-H Zone District includes a series of different standards that set a base level for development intensity, safety and compatibility within the district; and WHEREAS, the creation of the M-H Zone District requires modifications throughout the Fort Collins' Land Use Code; and WHEREAS, the Land Use Code changes would bring the City in closer alignment with the updated state and federal terminology relating to manufactured housing; and WHEREAS, the Planning and Zoning Board met on July 16, 2020, and made a recommendation on the Land Use Code changes, voting 4-3 to recommend adoption of this Ordinance by City Council; and WHEREAS, the modification of the Land Use Code to include the M-H Zone District serves the public purpose of preserving and maintaining current manufactured housing communities within the City and is in the best interest of the citizens of Fort Collins. NOW, THEREFORE, BE IT ORDAINED 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. Section 2. That Section 1.3.1 of the Land Use Code is hereby amended to read as follows: -1- 1.3.1 Establishment of Zone Districts In order to carry out the purposes of this Code,the City is hereby divided into the following zone districts: Manufactured Housing District (M-H) Section 3. That Section 1.3.4(G) of the Land Use Code is hereby amended to read as follows: 1.3.4—Addition of Permitted Uses (G) Zones Subject to City Council Addition of Permitted Use Review. The City Council shall make all final determinations regarding any addition of permitted use under subsection (C)(3) with respect to a project located, in whole or in part, in any of the following zone districts: 9. Manufactured Housing District (M-H). Section 3. That Section 2.3.2(H) of the Land Use Code is hereby amended to read as follows: 2.3.2 - Overall Development Plan Review Procedures (H) Step 8 (Standards): Applicable. An overall development plan shall comply with the following criteria: (2) The overall development plan shall be consistent with the required density range of residential uses (including lot sizes and housing types) with regard to any land which is part of the overall development plan and which is included in the following districts: -2- (g) The Manufactured Housing District(M-H). See Section 4.11(D)(1). (h) The Community Commercial-North College District(C-C-N). See Section 4.19(D)(1). (i) The Harmony Corridor District (H-C). See Section 4.26(D)(4). 0) The Employment District(E). See Section 4.27(D)(5). Section 4. That Section 3.8.6 of the Land Use Code is hereby amended to read as follows: 3.8.6 Group Home Regulations and Shelters for Victims of Domestic Violence (A) Residential group homes shall conform to the lot area and separation requirements specified in the following table: Zone Maximum Additional lot Maximum Minimum number of area for each permissible separation residents additional residents, requirements excluding resident (square excluding between any other supervisors, for feet) supervisors group home (feet)* minimum lot size R-L, N-C- 3 1,500 8 1,500 L, H-C, E, R-F, M-H (B) Large group care facilities shall conform to the lot area and separation requirements specified in the following table: Zone Maximum Additional lot Maximum Minimum separation number of area for each permissible requirements residents additional residents, between any other excluding resident (square excluding group home (feet)* supervisors, for feet) supervisors minimum lot size -3- L-M-N, 6 750 15 1,000 N-C-M, M-H R-D-R T- , Section 5. That Section 3.8.7.1(M) of the Land Use Code is hereby amended to read as follows: 3.8.7.1 Generally (M) Sign Districts. Table (M) Sign Districts Sign District Corresponding Zoning Districts Multifamily N-C-M; N-C-B; M-H Section 6. That Section 3.8.17(A)(2)(c) of the Land Use Code is hereby amended to read as follows: 3.8.17 Building Height (A) Measuring Building Height. (2) Building Height Measured in Stories. In measuring the height of a building in stories the following measurement rules shall apply: -4- (c) A maximum vertical height of twelve(12)feet eight(8)inches shall be permitted for each residential story. This maximum vertical height shall apply only in the following zone districts: U-E; R-F; R- L;L-M-N; M-M-N; N-C-L; N-C-M; N-C-B; R-C; C-C-N; N-C;aad H-C; and M-H. Section 7. That Section 3.8.23 of the Land Use Code is hereby amended to read as follows: 3.8.23 Manufactured Housing Regulations Manufactured Housing Communities shall be developed in accordance with the applicable general development standards contained in Article 3, the applicable district standards contained in Article 4, and the regulations contained in Chapter 18 of the City Code. Section 8. That Section 3.8.28 of the Land Use Code is hereby amended to read as follows: 3.8.28 Extra Occupancy Rental House Regulations (A) Extra occupancy rental houses, not including multiple family and single family attached dwellings which shall be governed by Section 3.8.16(E)(2), shall conform to the occupancy limits and separation requirements specified in the following table: Zone Maximum number of permissible residents, Maximum percentage of excluding occupant family parcels per block face that may be used for extra occupancy houses M-M-N, One (1) tenant per three hundred fifty (350) No limit. H-M-N, square feet of habitable floor space, in addition to N-C-B, a minimum of four hundred (400) square feet of M-H habitable floor space if owner-occupied. Section 9. That Section 3.8.31(C)(3) of the Land Use Code is hereby amended to read as follows: �5- 3.8.31 -Urban Agriculture (C) Standards. (3) Notice. At the time of an initial application for an urban agriculture land use within a residential zone (N-C-L, N-C-M, U-E, R-F, R-L, L-M-N, M-M-N, H-M-N, N-C-B, M-H, R-C and P-O-L) or if the urban agriculture land use exceeds one-half(0.5) acre in size, the Director shall determine whether the proposed urban agriculture land use presents a significant impact on the affected neighborhood, and, if so, the Director shall schedule a neighborhood meeting and provide mailed and posted notice for such meeting. Such notice and neighborhood meeting shall be conducted in accordance with Sections 2.2.2 and 2.2.6 of this Code. Section 10. That Section 4.5(B)(3)(a) of the Land Use Code is hereby amended to read as follows: Division 4.5 Low Density Mixed-Use Neighborhood District(L-M-N) (B)Permitted Uses. (3) The following uses are permitted in the L-M-N District, subject to Planning and Zoning Board review: (a) Residential Uses: 1. Manufactured housing communities. Section 11. That Division 4.11 of the Land Use Code shall read in its entirety as follows: Division 4.11 Manufactured Housing District (M-H) (A) Purpose. The M-H Manufactured Housing District is intended for existing manufactured housing communities located throughout the City. This designation is designed to preserve and support existing manufactured housing communities as the predominant residential use alongside other complementary accessory and - - nonresidential activities which primarily serve residents of manufactured housing communities. (B) Permitted Uses. (1) The following uses are permitted in the M-H District, subject to basic development review,provided that such uses are located on lots that are part of an approved site-specific development plan: (a) Residential Uses: 1. Shelters for victims of domestic violence for up to fifteen (15) residents. (b) Accessory/Miscellaneous Uses: 1. Accessory buildings. 2. Accessory uses. 3. Urban agriculture. 4. Wireless telecommunications equipment. (c) Any use authorized pursuant to a site specific development plan that was processed and approved either in compliance with Zoning Code in effect on March 27, 1997, or in compliance with this Code(other than a final subdivision plat, or minor subdivision plat, approved pursuant to Section 29-643 or 29-644 of prior law, for any nonresidential development or any multi-family dwelling containing more than four [4] dwelling units), provided that such use shall be subject to all of the use and density requirements and conditions of said site specific development plan. (d) Any use which is not hereafter listed as a permitted use in this zone district but which was permitted for a specific parcel of property pursuant to the zone district regulations in effect for such parcel on March 27, 1997; and which physically existed upon such parcel on March 27, 1997; however, that such existing use shall constitute a permitted use only on such parcel of property. (e) Institutional/Civic/Public Uses: 1. Neighborhood parks as defined by the Parks and Recreation Policy Plan. -7- (2) The following uses are permitted in the M-H District, subject to administrative review: (a) Residential Uses: 1. Manufactured housing community. 2. Group homes for up to eight(8)devejopmentally disabled or elderly persons. 3. Extra occupancy rental houses with four(4)or more tenants. (b) Insiitutional/Civic/Public Uses: 1. Places of worship or assembly. 2. Minor public facilities. 3. Parks, recreation and other open lands, except neighborhood parks as defined by the Parks and Recreation Policy Plan. (c) Commercial/Retail Uses: 1. Child care centers. 2. Adult day/respite care centers. (3) The following uses are permitted in the M-H District, subject to Planning and Zoning Board review: (a) Institutional/Civic/Public Uses: 1. Community facilities. 2. Neighborhood support/recreational facilities. 3. Seasonal overflow shelters. (C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted uses in this Section or(2) determined to be permitted by the Direction or the Planning and Zoning Board pursuant to Section 1.3.4 of this Code shall be prohibited. (D) Land Use Standards. (1) Density. Residential development in the Manufactured Housing District shall have an overall minimum average density of six (6)dwelling units per -8- gross acre,and an overall maximum average density of twelve(12)dwelling units per gross acre. (2) Dimensional Standards. (a) Minimum front setback between any building and the property line shall be fifteen (15) feet. (b) Minimum side and rear setbacks between any building and the property Iine shall be ten (I 0) feet. (c) The minimum distance between manufactured homes or other buildings in a manufactured home park shall be ten (10) feet. (3) Building Height. The maximum building height shall be three (3) stories. (4) Maximum Size. The maximum building footprint for all nonresidential uses shall be five thousand (5,000) square feet. (5) Parking. A minimum of one (J) off-street parking space shall be provided for each manufactured home in a manufactured housing community. Section 12. That Section 4.27(B)(3)(a)of the Land Use Code is hereby amended to read as follows: Division 4.27 Employment District (E) (B) Permitted Uses. (3) The following uses are permitted in the E District, subject to review by the Planning and Zoning Board: (a) Residential Uses: 5. Manufactured housing communities. Section 13. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition "Manufactured home" which reads in its entirety as follows: -9- Manufactured home shall mean a preconstructed, transportable dwelling unit built on a permanent chassis and anchored at the site where it will be occupied as a dwelling unit. The term manufactured home shall also include mobile homes, which are similar transportable dwelling units constructed prior to federal manufactured home standards adopted in 1976. Section 14. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of a new definition "Manufactured housing community" which reads in its entirety as follows: Manufactured housing community shall mean a parcel of land that has been planned, improved, or is currently used for the placement of five or more manufactured homes. Manufactured housing communities may also contain accessory uses intended primarily for the use and benefit of their residents, including but not limited to clubhouses, playgrounds and recreational amenities,childcare,meeting and assembly spaces,retail,and personal and business services. Section 15. That the definition "Mobile home" contained in Section 5.1.2 of the Land Use Code is hereby deleted. Section 16. That the definition "Mobile home park" contained in Section 5.1.2 of the Land Use Code is hereby deleted. Introduced, considered favorably on first reading, and ordered published this 4th day of August, A.D. 2020, and to be presented for final passage on the 18th day of August, A.D. 2020. Mayor ATTEST: FOR? "= SEAL N ity Cl '•.. .•' 6LOR po Passed and adopted on final reading on this 18 of August, A.D. 2020. Mayor ATTEST: VOR7 CO •• SEAL •`� .ity C oo�or 1, -10-