Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/16/2003 - FIRST READING OF ORDINANCE NO. 178, 2003, IMPOSING ITEM NUMBER 30 AGENDA ITEM SUMMARY DATE December 16, 2003 FORT COLLINS CITY COUNCIL STAFF Cameron Gloss SUBJECT First Reading of Ordinance No 178 2003 Imposing a Moratorium upon the Acceptance of Applications for the Approval of Development Plans and/or the Issuance of Building Permits for Dwellings Constructed on the Rear Portion of Lots Located Within the N C-L Neighborhood Conservation Low Density,N-C-M,Neighborhood Conservation Medium Density,and the N C-B Neighborhood Conservation Buffer Zone Districts RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading EXECUTIVE SUMMARY This ordinance would impose a moratorium on the acceptance of applications for the approval of development plans and/or issuance of building permits for 'alley houses" or other dwellings on the rear portion of lots located within the Eastside and Westside neighborhoods Recent development applications for alley houses or other secondary dwelling units within the City s Eastside and Westside neighborhoods have raised citizen and neighborhood concerns about the appropriateness of existing Land Use Code design standards related to such development Testimony from recent public hearings and neighborhood meetings has highlighted the following perceived problems • Architecture that is incompatible with the neighborhood in terms of mass, bulk scale height and character • Increased traffic and speeding on alleys not designed as streets • Additional noise and dust impacts with gravel surfaced alleys • Parking spillover onto adjacent lots and alleys • Loss of privacy in backyards • Increased noise • Destabilization of neighborhoods due to the increased number of rental units and a lack of reinvestment In response to these citizen concerns and direction given by City Council staff has developed a project to identify and comprehensively address each issue raised The project may result in amendments to the Land Use Code codifying certain guidelines identified in the adopted Neighborhood Character Design Guidelines for the East Side and West Side Neighborhoods to Fort December 16, 2003 -2- Item No 30 Collins and clarification of the City s alley paving policy Given the considerable body of work created under the previous effort staff anticipates that the project could be completed in as a few as 3 4 months A moratorium on new applications for alley houses will provide the community time to take stock of the current situation and move forward in a collaborative effort between neighborhoods and the development community to arrive at an agreeable solution BACKGROUND Some of the same issues were raised ten years ago just two years after the Eastside/Westslde Neighborhood Plans were originally adopted and corresponding zoning districts created At that time the City responded with an emergency ordinance that resulted in the minimum lot area required for an alley house The intent of that ordinance was to temporarily halt the construction of alley houses Staff was also instructed to work with a consultant to prepare design standards and guidelines reevaluate the lot area/density issue and arrive at a permanent solution After an extensive public process standards and guidelines were presented to City Council for adoption in August 1995 The City Council directed staff to revise the document to simplify and clarify the text Two ordinances were presented to Council in February 1996 The agenda item summary contained a table that reflected an inventory of all lots in the Eastside/Westside neighborhoods The purpose of that study was to provide Council with information about the effect that the lot area change would have on the ability to construct alley houses The study revealed that increasing the minimum lot area requirement to 5 000 sq ft would reduce the number of larger lots eligible for potential alley houses by 51 3% The ordinances contained provisions to change the lot area in the N-C-M and N C-B zone to 5 000 sq ft per principal building,and 6 000 sq ft in the N-C L zone and to limit the size of an alley house to 800 sq ft above grade The changes were adopted on First Reading, with the condition that additional changes be made prior to Second Reading At Second Reading,the City Council considered the appropriateness of adding standards back into the"guidelines document but elected not to include standards in the final document ORDINANCE NO 178, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS IMPOSING A MORATORIUM UPON THE ACCEPTANCE OF APPLICATIONS FOR THE APPROVAL OF DEVELOPMENT PLANS AND/OR THE ISSUANCE OF BUILDING PERMITS FOR DWELLINGS CONSTRUCTED ON THE REAR PORTION OF LOTS LOCATED WITHIN THE N-C L NEIGHBORHOOD CONSERVATION LOW DENSITY, N-C M NEIGHBORHOOD CONSERVATION MEDIUM DENSITY AND THE N-C-B, NEIGHBORHOOD CONSERVATION BUFFER ZONE DISTRICTS WHEREAS on March 1 1986 and July 18, 1989 respectively the Council adopted the Eastside Neighborhood Plan and the Westside Neighborhood Plan (the "Plans ) which Plans presently constitute elements of the City's Comprehensive Plan, and WHEREAS in implementing the Plans the Council adopted Ordinance No 113 1991 on October 15 1991 which ordinance established the following zoning districts N-C-L Neighborhood Conservation Low Density the N C-M Neighborhood Conservation Medium Density and the NC- B Neighborhood Conservation Buffer, and the Zoning Districts (the "N-C L N C-M and N C-B Zones ) and WHEREAS the N C-L N C-M and N-C-B Zones allow the construction of secondary residential structures on the rear portion of lots in the City if lot area minimum requirements are met, and WHEREAS, on February 20 1996 the Council adopted Ordinance No 13 1996 adopting the "Standards and Guidelines for Ihstoric Properties" and the "Neighborhood Character Design Guidelines for the Eastside and Westside Neighborhoods in Fort Collins' and WHEREAS on that same date,the Council also adopted Ordinance No 14 1996 amending Chapter 29 of the Code of the City of Fort Collins so as to incorporate into the zoning code certain changes for the purpose of promoting and implementing the objectives of the Eastside and Westside Neighborhood Plans as well as Ordinance No 15 1996 amending Chapter 14 of the Code of the City of Fort Collins so as to authorize the establishment of an administrative procedure for the designation of landmarks and landmark districts and to provide the Landmark Preservation Commission with additional review criteria and WHEREAS certain circumstances have arisen with regard to the construction of secondary residential structures in sensitive areas of the Eastside and Westside Neighborhoods, which circumstances have created a clear and present danger and threat to the welfare of the citizens of the City if the City were to continue approving development plans and/or issuing building permits for such secondary residential structures before additional design standards are established and adopted for implementation and WHEREAS the Council has determined that in order to protect the public welfare and to preserve important characteristics of the Eastside and Westside Neighborhoods a moratorium should be imposed upon the acceptance of applications for the approval of development plans and/or the issuance of building permits for secondary residential structures in the N-C-L N C-M and N-C-B Zones during the pendency of which moratorium the staff of the City shall develop and present to the City Council for implementation certain legislative changes which may include but need not be limited to (a)additional "design standards for secondary residential structures in the N C-L N C- M and N-C-B Zones, and (b) appropriate regulations to limit the size of secondary residential structures constructed in the N-C M zone, and WHEREAS the Council has determined that said moratorium shall continue in effect until the 31st day of June 2004 or until said design standards and additional regulations are adopted by the City Council for implementation of the Plans, whichever shall first occur NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows Section 1 That the recitals contained in this Ordinance are hereby adopted and incorporated as findings of fact of the Council of the City of Fort Collins Section 2 That a moratorium is hereby imposed upon the acceptance of applications for the approval of development plans and/or the issuance of building permits for dwellings constructed on the rear portion of lots ( secondary residential structures") contained in the N-C-L, N C-M and N-C B Zones Section 3 That during the term of the aforementioned moratorium the City Manager is hereby directed to analyze the following issues and in consultation with the City Attorney, develop for Council consideration such additional design standards and other regulations as maybe necessary and appropriate to address said issues • Architecture that is incompatible with the neighborhood in terms of mass bulk scale height and character • Increased traffic and speeding on alleys not designed as streets, • Additional noise and dust impacts with gravel surfaced alleys, • Parking spillover onto adjacent lots and alleys, • Loss of privacy in backyards, • Increased noise and • Destabilizaiton of neighborhoods due to the increased number of rental units and a lack of reinvestment Section 4 That said moratorium shall not apply to the issuance of building permits for construction which does not involve structural additions or exterior alterations to existing secondary residential structures nor to development plans (and associated building permits) which possess a vested property right under Section 24 68-101 et seq of the Colorado Revised Statutes Section 5 That said moratorium shall continue in effect until the 31st day of June 2004 or until the above referenced design standards and additional regulations are adopted by the City Council for implementation of the Plans, whichever shall first occur Introduced and considered favorably on first reading and ordered published this 16th day of December A D 2003 and to be presented for final passage on the 6th day of January, A D 2004 Mayor ATTEST City Clerk Passed and adopted on final reading this 6th day of January A D 2004 Mayor ATTEST City Clerk