Fort Collins City Council passes land use code No. 3. It's pared back but significant.

Fort Collins City Council passed its third iteration of the land use code in less than two years Tuesday night, with the latest version pared back from the previous two but still a major update from the last structural update 25 years ago.

The land use code is the guiding document for how the city develops, setting rules for things like how much density is allowed and which building types and uses are allowed in different zones. It sets design standards, parking requirements, lot setbacks and more.

Council approved the foundational code update 6-1. Council member Susan Gutowsky voted no, citing a change for allowable building size and height in the medium-density Old Town zone.

Two previous code updates, passed in late 2022 and late 2023, were repealed after a citizen-led effort forced the council to either repeal or ask voters for approval.

Council member Kelly Ohlson, who voted against the previous code changes, noted that much compromise had been made in this version. He said he hoped any future conversations due to conflicts of values would be less personal and include fewer intentional or unintentional exaggerations, from both sides.

The code will be up for a final vote at the May 7 meeting.

What is changing with the new code?

Those earlier codes would have allowed for greater density in three residential zones, legalized accessory dwelling units everywhere in the city and disallowed homeowners associations from banning ADUs or subdivision of lots.

All of that has been removed from this version of the code.

The latest code, pared down to address opposition from some members of the community, still includes changes that allow for more housing density and that incentivize affordable housing.

In higher-density zones, there are no density limits for affordable housing. It also allows a simpler development review process for affordable housing and increases the length of time an affordable housing unit must remain deed-restricted to 60 years.

City staff said the second version of the code would have increased maximum capacity by 52%, but that included changes in residential zones that have been discarded. Staff had estimated 6% of the increased density would be in those zones.

The code uses form-based standards and building types to regulate density, rather than dwelling units per acre, a city staff presentation said. This is done through a menu of building types and accompanying standards for them.

The update is also meant to make the code more user-friendly by reorganizing it and using more visuals, said Noah Beals, development review manager.

Was there opposition to this code change?

Ross Cunniff, chairman of Preserve Fort Collins, which opposed the first two codes, thanked council for the form-based changes to the code and encouraged its members to stick by their commitments to not restore the most controversial items.

More: Who is Preserve Fort Collins? Born out of land use code fight, group cites broader mission

More: What is YIMBY Fort Collins and what does it stand for? Here's how it came to be.

He said any future council discussion about increasing density should come as a package and have significant public dialogue.

Cunniff referenced one change he hoped could be addressed: In the medium-density Old Town zone, a change would allow the footprint of some multi-unit buildings to be larger than they can be today.

Currently, multi-unit buildings can be two stories tall and use up to 40% of a lot. In the adopted code, a triplex or apartment building can use 70% or 85% of a lot, respectively, and buildings can be up to 28 feet tall. And if there's a floodplain issue, a building can be raised by the amount needed to resolve the problem but can't exceed 35 feet.

In voting no, Gutowsky cited this change, saying it might not increase the number of units, but it can increase density if the units are larger.

She said that makes it even more tempting for developers to scrape a lot and build a large fourplex.

Asked to explain those changes, Beals said the existing code has a wall height limit but ultimately no limits on the height of the roof or the chimney. "It can really go pretty tall," he said.

The new code keeps the wall height the same but puts a limit on the building height, he said.

Caryn Champine, director of planning, development and transportation, said the footprint change makes it more feasible to build triplexes and fourplexes, which are already allowed in the zone.

"Folks were not really implementing that concept because it was difficult because of the constraints of the floor area," she said. "Although those units were allowed, we weren't seeing those occur."

Beals said the change creates more flexibility for a variety of unit sizes within a project.

What about ADUs?

The Fort Collins Planning and Zoning Commission, when it reviewed this third version of the code, recommended council allow attached ADUs in the low-density residential zone and attached and detached ADUs in the low-density Old Town district.

But that wasn't included in this proposal, and no council member moved to include it.

There is a bill under consideration at the Colorado legislature that would require cities to allow ADUs. It has passed the House and is now in the Senate.

Many supporters of the code update who spoke Tuesday night, including affordable housing providers like Habitat for Humanity, Care Housing and Neighbor to Neighbor, said this is just one tool in a toolbox of solutions needed to offer more housing options in Fort Collins.

Steve Kuehneman, executive director of CARE Housing, said the land use code is meant to be a living document, and he looks forward to future phases.

"We cannot just let it be after tonight," he said. "We need to continue to address the community's concerns about housing diversity and affordability."

Editor's note: This story has been updated to correct the spelling of Caryn Champine's name.

This article originally appeared on Fort Collins Coloradoan: Fort Collins City Council passes land use code No. 3