Campaign to repeal Fort Collins' land use code is in full swing: What to know about the claims
With petitions to pursue a repeal of the latest iteration of the Fort Collins land use code due at the end of November, Preserve Fort Collins has gassed up its campaign to gather signatures.
The group has planned multiple petition events and is using its website, Facebook and text messaging to sound its alarm at the changes set to go into effect in January.
Meanwhile, YIMBY Fort Collins and Democratic Socialists of America Fort Collins are pushing back on some of the claims being made.
In the process, you might have heard factual claims from different sides, some of which fully contradict each other.
Below is a closer look at some of those claims, the facts they are rooted in and their greater context.
This story aims to bring clarity, confirm the facts — when possible — and provide additional context from past reporting, public meetings and the land use code itself.
Claim: The land use code could increase density in Fort Collins by 52%
Both Preserve Fort Collins and groups in support of the adopted code say the other group is misleading people when they talk about this number.
In documents shared at council meetings, city planners analyzed how the code might affect the city's housing capacity, both for the repealed code and for the new code. Planners said under the repealed code, capacity increased by 53%. And under the new code, it's estimated to be nearly the same: 52%.
Posts shared by YIMBY Fort Collins and Democratic Socialists of America (DSA) Fort Collins say that 52% increase can only happen if each property is built out to its maximum capacity.
But Preserve Fort Collins says a 52% increase in density is city staff's estimate of the likely scenario.
A DSA Fort Collins post on Facebook says the update to the code "has the potential to increase density by up to 52%. That's only, however, if EVERY SINGLE LOT was redeveloped to have the maximum amount of units allowed."
In response to claims like that, Preserve posted a slide on Facebook that includes the words "toxic misinformation alert" accompanied by a toxic waste symbol and a red-lettered stamp effect that reads "FALSE."
"Another lie by high density development proponents is that this 52% would be the ‘maximum impact’ to the city if ALL lots were developed to the maximum extent. The TRUTH is that this is City staff’s estimate of the most LIKELY scenario, NOT a maximum."
So what's the the true answer?
The 52% estimate refers to the fullest potential for build-out, not the likely scenario, said Noah Beals, development review manager with the city.
It's an apples-to-apples comparison of maximum capacity under today's code compared with maximum capacity under the passed code.
"Experience shows that the fullest potential will not get built out," he added.
Paul Sizemore, director of Community Development & Neighborhood Services, also explained it that way in a City Council work session over the summer:
Claim: The city ignored public input and passed a barely-changed version of the code
A text message sent Nov. 10 from Preserve Fort Collins says "the city ignored public input again," passing "a barely changed version" of last year's repealed code.
On its website, Preserve says the code "does not make any meaningful change in overall density" from the repealed 2022 code. They note it still allows that 52% increase in capacity, compared with the 53% in the repealed code.
It's true that the new code reduced the potential for density by just 1%, compared with the repealed code.
But what exactly qualifies as "meaningful change" is in the eye of the beholder. Most of the changes affect three residential zones where some residents had the most concerns.
It wasn't enough for Preserve Fort Collins. But YIMBY and DSA Fort Collins say the code is the result of compromises prompted by public feedback this year.
Here are the most significant changes from the repealed code:
Instead of allowing up to three units in the low-density residential zone, it allows the addition of an accessory dwelling unit, for a total of two units on a lot.
Instead of allowing three units in the low-density Old Town district if it includes affordable housing, the code requires the project to either integrate an existing structure or include affordable housing. This was meant to address concerns that developers would scrape lots to add density.
Instead of allowing five units in a medium-density Old Town district without conditions, it requires a project to incorporate the existing structure. And it allows up to six units if the project includes affordable housing and also uses the existing structure.
An ADU will require an on-site manager if the owner of the property doesn't live on the lot.
Unlike the repealed code, the new code won't change the development review process for most projects, which includes requirements for public meetings, after all. But it would allow basic development review for affordable housing projects to help projects qualify for state funding.
To see in more detail what exactly changed in the code, we created a side-by-side comparison of changes here.
Claim: The code removes single-family zoning in Fort Collins
The text message from Preserve Fort Collins says the code will "target existing neighborhoods for haphazard density by removing single family zoning throughout the city."
Again, it's a matter of opinion whether the changes create "haphazard density."
But it's true that under the new code, there are no neighborhoods that would be zoned exclusively for only single-family homes because the code now allows for ADUs.
Some residents against the code changes say the city should honor the expectations of homeowners who intentionally purchased houses in single-family neighborhoods.
Those in favor of the code say this is one example of a compromise: It reduces the impact on single-family neighborhoods by allowing only ADUs instead of duplexes or triplexes.
Claim: The code overrides HOA rules
The text message from Preserve says "the code will override HOA convents that conflict with it."
This is true.
The code says that while HOA covenants can regulate aesthetics, including whether an ADU can be detached from the home, they can't limit the number and type of dwelling units if city code says they can be allowed.
The code also doesn't allow an HOA to prevent subdivision of a lot, which would potentially allow a homeowner to build a new home and an ADU, if the development plan meets the city's design and setback requirements.
Claim: The code removes meaningful citizen input
Preserve Fort Collins says the code "removes meaningful citizen input" by allowing projects "with just 10% of affordable units to escape public comment and go through Basic Development Review (city staff administrative approval)."
It is true that the code mandates only basic development review for affordable housing. And it's true that 10% is the number of deed-restricted affordable housing units required to give it that definition.
Basic development review means a decision will be made by a city director rather than going through a board.
There is no public meeting as part of this process, but a mailed notice of the proposed development will be sent in advance of a decision to property owners within 800 feet of the proposal. Also, a development review sign will be posted on the property to note it's under review within 14 days of the application. Published notice in a local newspaper is also required.
The reason for requiring only basic development review for affordable housing projects, according to city staff, is to help those projects qualify for state funding. The Colorado Affordable Housing Fund, created by Proposition 123 in 2022, requires participants to have a 90-day approval process for affordable housing projects.
The city arrived at the 10% figure for affordable housing after doing an analysis that indicated it was a sweet spot for economic viability for those projects and therefore more likely to get built and increase affordable housing stock, according to city Housing Director Meaghan Overton, who explained it at the Oct. 17 council meeting.
ADUs also are approved using basic development review, with mailed notice going to owners of abutting properties and posting of a sign.
Claim: ADUs could increase occupancy of a lot to 6 unrelated people
Preserve says: "Depending on the lot, developers/investors can purchase a home and build an ADU in the backyard that could potentially hold 2-3 adults (and their cars) IN ADDITION to perhaps three more adults (and their cars) in the original house."
This scenario is possible.
What's unknown is how likely or common a situation like that could be. A lot has to be large enough to meet setback guidelines, so not all lots will be able to accommodate an ADU.
Related to cars, ADUs are required to have one additional off-street parking space, regardless of how many people live in it.
Claim: The code 'does nothing to improve affordability for the working population'
First, Preserve Fort Collins says the code does not mandate affordable housing. That's accurate.
After that, it's not a simple discussion. But there's lots to understand. For now, we'll dip a toe in.
Preserve says there's nothing in the code to guarantee affordable rental housing and it won't help "truly at-risk, very low-income citizens in a meaningful way."
So why didn't the code include a mandate for a percentage of all new development to include affordable housing, also known as inclusionary zoning?
Conversations around inclusionary zoning have been happening between staff and City Council for years, Overton said.
She said any policy the city might adopt should be informed by the land use code changes regarding zoning and affordable housing incentives.
"First we need to get our land use situation settled. That's step one, and we haven't been able to finish step one yet," Overton said. "Once we know what base zoning is, then we have more information on what to include in a housing policy. We haven't had a foundation to build on it."
Conversations with council and the community are also needed before a policy on inclusionary zoning can happen, if that's what council wants to pursue, Overton said.
Despite no mandate in the code, DSA Fort Collins contends it's still an upgrade for affordable housing, adding "some of the strongest incentives and protections for affordable housing that we've seen in decades," like increasing the deed restriction from 20 years to 60 years and creating incentives for density when affordable housing is included.
When it comes to market-rate housing, Preserve says the code "does not and cannot" improve affordability of market rate single-family houses in a significant way and doesn't "meaningfully" decrease rent costs because the city is so desirable.
"In a very desirable city, the demand for upscale housing from investors/landlords and more affluent citizens who want to move here means that we can’t build and densify our way out of high housing costs. With relatively unlimited demand, rents are not likely to moderate substantially over the long term," Preserve says on its website.
There is research showing how the supply effect can help with prices.
For example, a Pew Charitable Trusts study showed that four growing cities saw rents moderate after changing their zoning laws to allow more market-rate housing: Minneapolis; Portland, Oregon; New Rochelle, New York; and Tysons, Virginia. That study showed rent increases from 2017 to 2023 between 1% and 7% as the U.S. saw overall increases of 31%.
It's difficult to find research to the contrary.
But campaigns like Housing is a Human Right have concerns about gentrification and displacement of the most marginalized, saying new construction brings higher rents to a neighborhood.
Those who oppose so much emphasis on building new housing say that isn't going to solve the problem on its own, especially in areas where the affluent buy homes. They say tools like rent control, which is currently illegal in Colorado, will make a difference and should be allowed.
Even so, housing providers and agencies who work to help low-income residents in Fort Collins have all voiced support for the code changes, including Neighbor to Neighbor, Housing Catalyst, Habitat for Humanity and CARE Housing.
Where can I find the code?
Visit www.fcgov.com/housing/lucupdates to read the land use code, get city-provided answers to frequently asked questions and submit your own questions.
This article originally appeared on Fort Collins Coloradoan: Fort Collins land use code repeal is underway: These are the claims
