HomeMy WebLinkAbout174 - 12/14/1993 - AMENDING CITY CODE INCREASING LOT SIZE IN NCM ZONING DISTRICT (EMERGENCY ORDINANCE - FAILED TO PASS) OPTION A
EMERGENCY ORDINANCE NO. 174, 1993
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 29-167 OF THE CODE OF THE CITY OF
FORT COLLINS AND INCREASING THE MINIMUM LOT SIZE IN
THE N-C-M, NEIGHBORHOOD CONSERVATION MEDIUM
DENSITY ZONING DISTRICT
WHER on March 1, 1986, and July 18, 1989, the City Council adopted,
respectively, the Eastside Neighborhood Plan and the Westside Neighborhood Plan
(hereinafter r ferred to as the "Plans") ; and
WHEREAS, a Plans presently constitute elements of the City's
Comprehensive Plan and
WHEREAS, the until of the City of Fort Collins, in implementing the
Plans, adopted Ordina a No. 113, 1991 , which, among other things, established
the N-C-M, Neighborhoo onservation Medium Density Zoning District ("the N-C-M
zone") ; and
WHEREAS, the N-C-M z e allows, among other things, the construction of
secondary residential strut res upon parcels of land containing not less than
4,500 square feet; and
WHEREAS, the standard "min um lot size" requirement for other residential
development in the City is 6,000 quare feet; and
WHEREAS, the reduction in the uare footage of a parcel of land to support
such a residential structure was i ended to be accompanied by supplemental
"design criteria" in order to ensure t e preservation of important neighborhood
characteristics, which "design triter " have not yet been established and
adopted for implementation; and
WHEREAS, the absence of such criteri has made possible the construction
of multi-family residential dwelling units i the neighborhoods affected by this
zoning change, which units may be entirely incompatible with the size and
architectural style of other residences within uch neighborhoods and which may
seriously threaten the historical character and roperty values thereof; and
WHEREAS, on December 7, 1993, the Counci adopted on first reading
Ordinance No. 162, 1993, amending Section 29-167 the City Code so as to
increase the minimum lot size in the N-C-M Neighbo ood Conservation Medium
Density Zoning District in order to limit the co truction of secondary
residential structures within said zoning district until uch time as the above-
referenced design criteria have been developed and adopt by the Council ; and
WHEREAS, Council has determined that the amendment to a Code proposed by
Ordinance No. 162, 1993, should be accomplished instead by a passage of an
Emergency Ordinance, so as to protect the affected neighborh ds against the
imminent, clear and present danger of irreparable degradation by a issuance of
additional building permits for the construction of secondar residential
structures without the benefit of design review by the City.
t�1)013
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1. That the foregoing concerns and circumstances are hereby
determined by the Council to constitute an emergency within the meaning of
Article II, Section 6, of the City Charter.
Section 2. That this Emergency Ordinance shall be immediately effective
upon its passage on first reading.
Section 3. That Section 29-167(1) of the Code of the City is hereby
amended to read as follows:
Sec. 29-167. Bulk and area requirements.
The bulk and area requirements for the N-C-M District are as
follows:
(1) Minimum lot area shall be the equivalent of two (2)
times the total floor area of the building, but not less
than the following four--that+sand—five h ndred (4,500)
five thousand f V.i hundred (5,500 square feet for a
one family or two family dwelling and six thousand
(6,000) square feet for all other uses.
Section 4. That this ordinance shall continue in effect until the 31st day
of December, 1994, or until supplemental "design criteria" are adopted by the
City Council for implementation of the plans, whichever shall first occur, at
which time the amendment enacted pursuant hereto shall become null and void and
the language of Section 29-167 of the Code shall read in its entirety as it did
immediately prior to this amendment.
Section 5. That no further action shall be taken by the Council with
regard to Ordinance No. 162, 1993, and said Ordinance shall be removed from the
Council meeting agenda for December 21, 1993.
Introduced, considered favorably by members of the Council of the City
of Fort Collins and finally passed as an Emergency Ordinance and ordered
published this 14th day of December, A.D. 1993.
Mayor
ATTEST:
City Clerk
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OPTION B
EMERGENCY ORDINANCE NO. 174, 1993
OF THE COUNCIL OF THE CITY OF FORT COLLINS
IMPOSING A MORATORIUM UPON THE ISSUANCE OF BUILDING
PERMITS FOR CERTAIN USES IN THE N-C-M, NEIGHBORHOOD
CONSERVATION MEDIUM DENSITY ZONING DISTRICT, AS
DESCRIBED IN SECTION 29-166 OF THE CODE OF THE
CITY OF FORT COLLINS
WHEREAS, March 1, 1986, and July 18, 1989, the City Council adopted,
respectively, the astside Neighborhood Plan and the Westside Neighborhood Plan
(hereinafter refer d to as the "Plans") ; and
WHEREAS, the lans presently constitute elements of the City's
Comprehensive Plan; an
WHEREAS, the Councr of the City of Fort Collins, in implementing the
Plans, adopted Ordinance N 113, 1991, which, among other things, established
the N-C-M, Neighborhood Cons vation Medium Density Zoning District ("the N-C-M
zone") ; and
WHEREAS, the N-C-M zone a ows, among other things, the construction of
secondary residential structures on parcels of land containing not less than
4,500 square feet; and
WHEREAS, the standard "minimum 1 size" requirement for such residential
development in the City is 6,000 square eet; and
WHEREAS, the reduction in the square otage of a parcel of land to support
such residential structure was intended to be ccompanied by supplemental "design
criteria" in order to ensure the presery ion of important neighborhood
characteristics, which "design criteria" have not yet been established and
adopted for implementation; and
WHEREAS, the absence of such criteria has made ossible the construction
of multi-family residential dwelling units in the neigh orhoods affected by this
zoning change, which units may be entirely incompati le with the size and
architectural style of other residences within such neigh rhoods and which may
seriously threaten the historical character and property lues thereof; and
WHEREAS, on December 7, 1993, the Council adopted first reading
Ordinance No. 162, 1993, amending Section 29-167 of the Cit Code so as to
increase the minimum lot size in the N-C-M Neighborhood Conse ation Medium
Density Zoning District in order to limit the construction secondary
residential structures within said zoning district until such time as he above-
referenced design criteria have been developed and adopted by the Co il ; and
WHEREAS, the Council has determined that, until such ordinance akes
effect, the passage of an emergency ordinance imposing a moratorium upon the
issuance of certain building permits in the N-C-M zone is necessary in order o
preserve the status quo and to protect the affected neighborhoods against th
imminent, clear and present danger of irreparable degradation by the issuance of
additional building permits for the construction of secondary residential
structures without the benefit of design review by the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1. That the foregoing concerns and circumstances are hereby
determined by the Council to constitute an emergency within the meaning of
Article II, Section 6, of the City Charter.
Section 2. That, notwithstanding the provisions of Section 29-166 of the
Code of the City, a moratorium shall be, and hereby is, imposed upon the issuance
of building permits for any construction, erection or placement of a structure
or for the construction or erection of modifications to existing structures (if
such modifications involve structural additions or exterior alterations) , which
moratorium shall apply to all uses permitted in the N-C-M Zoning District as
described in Section 29-166 of the Code, except those uses set forth in Sections
29-166(3) and (4) .
Section 3. That said moratorium shall not apply to the issuance of
building permits for construction which does not involve structural additions or
exterior alterations.
Section 4. That the moratorium established by this ordinance shall
terminate on December 31, 1994, or such earlier date as Ordinance No. 162, 1993,
shall become effective, or upon the effective date of Council 's approval of
supplemental design criteria for implementation of the Plans, whichever shall
first occur.
Section 5. That this Emergency Ordinance shall be immediately effective
upon its passage on first reading.
Introduced, considered favorably by members of the City Council of the
City of Fort Collins and finally passed as an Emergency Ordinance and order
published this 14th day of December, A.D. 1993.
Mayor
ATTEST:
City Clerk
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