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HomeMy WebLinkAbout179 - 12/21/1993 - AMENDING CITY CODE INCREASING MINIMUM LOT SIZE IN NCM DENSITY ZONING DISTRICT (EMERGENCY ORDINANCE) EMERGENCY ORDINANCE NO. 179, 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 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 other residential development in the City in 6,000 square feet; and WHEREAS, the reduction in the square footage of a parcel of land to support such a 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, the absence of such criteria has made possible the construction of multi-family residential dwelling units in the neighborhoods affected by this zoning change, which units may be entirely incompatible with the size and architectural style of other residences within such neighborhoods and which may seriously threaten the historical character and property values thereof; and WHEREAS, on December 7, 1993, the Council adopted on first reading Ordinance No. 162, 1993, amending Section 29-167 of the City Code so as to increase the minimum lot size in the N-C-M Neighborhood Conservation Medium Density Zoning District in order to limit the construction of secondary residential structures within said zoning district until such time as the above- referenced design criteria have been developed and adopted by the Council ; and WHEREAS, Council has determined that the amendment to the Code proposed by Ordinance No. 162, 1993, should be accomplished instead by the passage of an Emergency Ordinance, so as to protect the affected neighborhoods against the 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 I1, 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: five thousand five 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. Introduced, considered favorably by 5 members of the Council of the City of Fort Collins and finally passed as an Emergency Ordinance and ordered published this 21st day of December, A.D. 1993. ATTEST: Mayor r City Cler