HomeMy WebLinkAbout178 - 01/20/2004 - IMPOSING A MORATORIUM UPON THE ACCEPTANCE OF APPLICATIONS FOR APPROVAL OF DEVELOPMENT PLANS AND/OR T 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 Zone Districts 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 Historic 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 and accessory 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 and accessory 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 ofthe Eastside and Westside Neighborhoods,a moratorium should
be imposed upon the acceptance of applications for the approval of development plans and the
issuance of building permits for secondary residential structures and certain accessory structures in
the N-C-L,N-C-M and N-C-B Zones,during the pendency of which moratorium the staff ofthe 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 and accessory 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 and certain accessory structures
constructed in the N-C-M zone; and
WHEREAS the Council has determined that said moratorium shall continue in effect until
the 30th 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 the issuance of building permits in the N-C-L, N-C-M and
N-C-B Zone Districts for dwellings constructed on the rear portion of lots ("secondary residential
structures")and for accessory structures which exceed five hundred seventy six(576)square feet in
floor space or twenty(20) feet in height.
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 or accessory structures,nor shall it apply 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 30th 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 2nd day of
December,A.D. 2003, and to be presented for final passage on the 20th day of uary,A.D.2004.
Mayor
ATTEST:
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City Clerk
Passed and adopted on final reading this 20th day of January, A.D. 2004.
Mayor fl'roTom
ATTEST:
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City Clerk