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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: �ii roll *71S�I City Clerk Passed and adopted on final reading this 20th day of January, A.D. 2004. Mayor fl'roTom ATTEST: 0 City Clerk