HomeMy WebLinkAbout163 - 12/21/1993 - IMPOSING A MORATORIUM UPON ISSUANCE OF BUILDING PERMITS IN NCM ZONING DISTRICT ORDINANCE NO. 163, 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, on March 1, 1986, and July 18, 1989, the City Council adopted,
respectively, the Eastside Neighborhood Plan and the Westside Neighborhood Plan
(hereinafter referred to as the "Plans") ; and
WHEREAS, the Plans presently constitute elements of the City's
Comprehensive Plan; and
WHEREAS, the Council of the City of Fort Collins, in implementing the
Plans, adopted Ordinance No. 113, 1991, which, among other things, established
the N-C-M, Neighborhood Conservation Medium Density Zoning District ("the N-C-M
zone") ; and
WHEREAS, the N-C-M zone allows, among other things, the construction of
secondary residential structures upon parcels of land containing not less than
4,500 square feet; and
WHEREAS, the standard "minimum lot size" requirement for such residential
development in the City is 6,000 square feet; and
WHEREAS, the reduction in the square footage of a parcel of land to support
such residential structure was intended to be accompanied by supplemental "design
criteria" in order to ensure the preservation of important neighborhood
characteristics, which "design criteria" have not yet been established and
adopted for implementation; and
WHEREAS, certain circumstances have arisen with regard to the construction
of additional 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 issuing building permits for such residential structures before "design
criteria" 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 issuance of certain
building permits in the N-C-M zone, as described below, during the pendency of
which moratorium the staff of the City shall develop and present to the City
Council for implementation "design criteria" for the N-C-M zone; and
WHEREAS, the Council has determined that said moratorium shall continue in
effect until the 31st day of December, 1994, or until said "design criteria" are
adopted by the City Council for implementation of the plans, whichever shall
first occur; and
WHEREAS, the Planning and Zoning Board has considered this matter and
recommended that a moratorium be placed upon certain uses in the N-C-M Zone
pending the development of said "design criteria" ; and
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WHEREAS, the ;kffordable Housing Board has considered this matter and
recommended that a temporary (one year) committee be established to review plans
for building permits in the N-C-M Zone, which committee would utilize the
Neighborhood Compatibility Criteria of the Land Development Guidance System to
guide it decisions.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1. 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 2. That said moratorium shall not apply to the issuance of
building permits for construction which does not involve structural additions or
exterior alterations.
Section 3. That said moratorium 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.
Introduced, considered favorably on first reading, and ordered published
this 7th day of December, A.D. 1993, and to be presented for final passage on the
21st day of December, A.D. 1993.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 21st day of December, A.D. 1993.
ATTEST: Mayor
City Clerk