HomeMy WebLinkAbout2003 Ordinance No. 057•
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ORDINANCE NO .~
SERIES OF 2003
BY AUTHORITY
COUNCIL BILL NO . 58
INTRODUCED BY COUNCIL
MEMBER NABHOLZ
AN ORD INANCE EXTENDING THE TEMPORARY SUSPENSION OR MORATORIUM ON
THE ISSUANCE OF PERMITS FOR NEW SINGLE-FAMILY A TT ACHE D AND MULTI-
FAMILY RESIDENTIAL CONSTRUCTION IN THE AREA LOCATED BETWEEN WEST
EVANS A VENUE ON THE NORTH , WEST VASSAR A VENUE ON THE SOUTH , SOUTH
TEJON STREET ON THE EAST AND SOUTH ZUNI STREET ON THE WEST , FOR AN
ADDITIONAL SIX MONTHS BUT ENDING THE MORATORIUM ON THE SUBDIVISION
OF PROPERTY .
WHEREAS, constituents brou ght to the City Council's atrention a concern regarding
design standards in the area located between West Evans Avenue on the north, West Vassar
A venue on the south , South Tejon Street on the east , and South Zuni Street on the west; and
WHEREAS, City Co uncil has reviewed that concern and found that the design standa rd s
in the area located between West Evans Avenue on the north , West Vassar Avenue on the south ,
South Tejon Street on the east and South Zuni Street on the west need to be updated; and
WHEREAS, control of the permitting and zoning of these facilities are legitima te
exercises of local police power; and
WHEREAS, th e original moratoriur.: vi; !he issuance of permits for new si ngle-famil y
attac hed and multi•family residential construction , or any housing requiring the subdivision of
property, in the area located between Wes1. Evans Avenue on the north , West Vassar Aven ue on
the south , South Tejon Street on the east, md South Zuni Street on the west wa ~ to give the City
staff time to co ll ect information and work dosely with the Englewood community to revise
zoning regulations that protect the interests 1.,•i the community ; and
WHFREAS , City staff is coordinati ng these design standards with the proposed Unified
Development Code ; and
WHEREAS , on April 24, 2003, the moratorium was ex tend ed until Nove mber 24 , 2003 ;
and
WHEREAS , the moratorium on subdi vision of property hinde rs development of
pennitted single-unit construction , and Co uncil wishes to remove that restriction from the
moratorium .
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO , THAT :
Section I. The City Council finds the provisions of this Ordinance are temporary in
nature: and are intended to be replaced by sub seque nt legi slative enactment. Th e temporary
suspension ofpcnnits for new single -famil y anac hed and multi-family residential construction in
the area located between West Evans Aven ue on the nonh . West Vassar Avenue on the south,
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South Tejon Street on the east and South Zuni Street on the west shall terminate on February 27,
2004 .
Section 2. The temporary suspension of permits shall not app ly to perm its for sing le-
family detached houses , remodels , and accessory structures or the subdivi sio n of property but wi ll
apply if the residence is entirely demolished .
Section 3. The Englewood City council directs City staff to develop appropriate
recommendations to Council , to be consis tent with this Ordinance and to continue to co l leer
information and work closely with the Englewood co mmunity to revise zo nin g regulations which
protect the interests of the community
Introduced, read in full , and passed on fim reading on the 4<> day of August, 2003 .
Published as a Bill for an Ordinance on the 8th day of August , 2003.
Read by title and passed on final reading on the 18,. day of August, 2003 .
Published by title as Ordinance No .. 5'7 , Series of 2003, on the 22"" day of August,
2003 .
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COUNCIL COMMUNICATION
Date Age nda 11cm Subj ect
Temporary M ora torium on N ew Re sidential
A ugus t 4, 2003 11 a i Cons tru ctio n
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INITIATED BY STAFF SOURCE
Communi ty D e\ elopm ent D epa rtment Tri ci a Lang on, Se ni or Planner
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Coun cil approved Emerge ncy O rdin ance 28 on May 20, 2002 . The moratoriu m es tab li shed a
tem p orary susp ensi o n of the issuance of bu il ding permi ts fo r new sin gle-fa mi ly attached an d mul ti•
fa mily res identia l co nstru cti on in an area bo un ded by Wes t Evans Aven ue on th e north , Wes t Vassa r
Ave nu e on th e sou th , So uth Tejon St ree t o n the eas t and South Z uni Stree t o n th e west. The
mora toriu m also pro hibited all land subd ivisio ns in th is area. Th e mora torium was ex tende d twice
(O rdinan ce 46, Se ries of 2002 an d O rdin ance 29 , Seri es of 2003) and is currently sc hed ul ed to exp ire
on Novembe r 24, 2003.
RECOMMENDED ACTION :
Staff recomme nds that City Co un cil ap prove an ex tensio n of th e mora toriu m's timefr ame until
Feb ru ary 2i, 2004, an d remove the subdivis ion prohibi tion to all ow th e subdi vis io n of land in th e area
of th e m orator ium.
BACKGROUND :
At a City Coun cil Publi c Fo rum on April I , 2002, com muni ty memb ers ex press ed conce rns rega rdin g
the quality of res idential stru ctures bei ng b uilt in north wes t Englewood. City Co un cil discusse d th e
co nce rn s at the Ap ril 8, 2002 stud y sess ion in relati on to th e Comprehensive Zoning O rdina nce.
Co un cil determ ined tha t es tablis hm en t of desig n standa rds was necessary to protect the viabi lity of th e
neighbo rh o o d and th e interes ts of th e comm un ity. Th e mma torium was es tab li shed to all ow tim e to
prepare and adopt the Unified De ve lo pm ent Cod e (UDC), the update of exis ti ng land use and zoning
regu lati ons, inclu di ng the reques ted res iden tial des ign standards . These sta ndards are int ended to
ins ur e that new cons tructi on is more cons iste nt wit h ex isti ng neig hborhood cha racter.
M o re recentl y, duri ng the m oratori um prop erty owners have made inquiries rega1d in g subd ivis ion of
property into two or more lots for the purpose of se lling the lots fo r co ns tru ction of new homes. The
mora to rium ·, sub di visio n prohi bi ti on hi nders de velopme nt options fo r permi tted single-unit
co ns tru cti o n. Li fting th e morat orium's prohib iti on of land subdi visi on would resu lt in single-uni t
deve lo pmen t o nly on any new ly subdi vided lots beca us e th e mora toriu m wo uld continu e to prohibit
two -uni t de ve lopment .
The adopti on pr ocess fo r Phase I o f the UDC. including resi dent ia l des ig n standards, is scheduled to
begin w ith public hearings befo re the Pl annin g and Zon in g Co mm issio n by Sept ember 2003. Fina l
ad o pt io n is anticipated in l,1t e 2003 w ith an effec ti ve date o f early 2004 . The ad dit io nal ex tensio n
ensu res that th e U DC w ill be adopted and effe cti ve befo re the morat orium 's ex pi rati o n.
FINANCIAL IMP ACT:
Build ing permi t iees fo r new sin gle-fa mily att ac hed and muhi-famil y co ns tru ction w ill no t be co ll ec ted
during the morat o rium . Land subdivis io n fees wo uld be ge nerated fo r any land th at is subdivi ded
dur ing th e mora torium. No addit ional fin ancia l impac ts ha, e bee n id en tified.
LIST OF ATTACHME NTS :
Bill fo r O rdin an ce