Agenda Date: 10/06/2020
Subject:
Title
Ordinance 39-2020: An emergency ordinance imposing a 90-day temporary moratorium on all new development within the downtown area as set forth in Figure 10-2-18-Character Area Map in the Phase II Amendments to Title 10 relative to Downtown Development, and upon the submission, acceptance, processing, or approval of any site development plans, demolition permit, applications or plans approvals, or other types of approval by the City of Littleton related to such activities
Body
|
Prepared by: |
Reid Betzing, City Attorney |
PURPOSE:
To approve an emergency ordinance on first reading imposing a temporary moratorium for 90 days on all new development within the downtown area as set forth in Figure 10-2-18-Character Area Map in the Phase II Amendments to Title 10 relative to Downtown Development.
PRESENTATIONS:
Staff Presenter(s): Reid Betzing, City Attorney
Additional Presenter(s): N/A
SUMMARY:
Since the adoption of the Comprehensive Plan in October of 2019, staff has identified the policies and goals that specifically apply to downtown development. Currently, there are inconsistencies between the Comprehensive Plan and the city’s code which have led to conflicts and interpretation challenges when it comes to downtown development.
In an effort to address some of those challenges, the City Council on February 4, 2020 approved on second reading two temporary 90-day moratoriums. One temporary moratorium on any new development containing more than one residential unit and another restricting auto-oriented uses in the area of the Downtown Littleton Design Standards. The intent being during those temporary moratoriums to adopt Phase I changes to the City’s existing land use codes as well as adopting changes to the Downtown Littleton Design Standards.
During the course of the temporary moratoriums Kendig Keast Collaborative (KKC), who was retained by the city to draft the ULUC, worked with city staff to amend their scope of work and address the downtown area first and apply those changes to our existing code serving as an interim, Phase II step before the consideration of the ULUC in October 2021.
As a result, it became necessary to extend the temporary moratorium on new development containing more than one residential units by an additional 150 days to ensure these changes can be implemented and to protect the health, safety, welfare, and overall character of the Downtown Littleton area.
These Phase II amendments and work by KKC have been considered by the Historic Preservation Board, Planning Commission, and City Council. Part of the process and amendments establish a DT zoning district with four (4) character areas within the downtown Littleton area. While in many respects some of the changes are a reclassification of current zoning districts standards, for some it constitutes a rezoning.
As the City does not currently have a comprehensive rezoning process, due process requires notice be provided to all the properties effected by the proposed zoning district and character areas and an opportunity to be heard. This notice cannot be provided until Council adopts the Phase II changes. Once Council adopts its changes the City will have to go through the process of adopting the Map Amendments, i.e., which parcels are in which zoning district and character area.
In order to provide due process and notice while the Map Amendments are finalized, it is necessary to enact an emergency ordinance imposing a 90-day temporary moratorium on all new development within the downtown area to preserve public property, health, peace and safety.
PRIOR ACTIONS OR DISCUSSIONS:
At the December 10, 2019 and January 7, 2020 study sessions, staff discussed proposed changes related to Downtown development with council. On January 7, 2020 staff presented a proposal to impose a temporary 90-day moratorium on multi-family development applications in order to refine the changes and gather input prior to public hearings. The ordinance passed on first reading at the regular meeting of city council on January 21, 2020.
On February 4, 2020, Ordinance 05-2020 was approved on second reading enacting a temporary moratorium on any new development containing more than one residential unit within the area of the Downtown Littleton Design Standards.
On May 5, 2020, Ordinance 19-2020 was approved on second reading extending the temporary moratorium on any new development containing more than one residential unit within the area of the Downtown Littleton Design Standards for an additional 150 days.
Numerous study sessions have occurred with the Historic Preservation Board, Planning Commission and City Council during this time related to the various changes to the city’s code and design standards.
ANALYSIS:
Staff Analysis
The current moratorium in place expires on October 9th. That moratorium only applies to new residential developments in excess of one unit. The Phase II changes and amendments to be adopted by Council on October 6th, including the DT zone and character areas, provide changes to not only residential developments in excess of one unit, but also single-family and commercial as well.
Additionally, as some of the changes constitute a rezoning, the Phase II amendments are not effective until the Map Amendments are adopted. Due process to those effected properties requires a hearing in front of Planning Commission as well as first and second readings in front of City Council. As such, it is necessary to impose a moratorium during that time period which is expected to take less than 90 days.
Council Goal, Objective, and/or Guiding Principle
Council Goal 1 - Envision Littleton - Update the code extending into 2020 and align the code with the Comprehensive Plan.
Fiscal Impacts
None
Alternatives
Do not extend a moratorium.
• Risk: Potential downtown development applications being submitted between now and the map amendment adoption which are in conflict with the Phase II amendments.
STAFF RECOMMENDATION:
Staff recommends approval of an emergency ordinance establishing a temporary moratorium on any new development within the area as set forth in Figure 10-2-18-Character Area Map set forth in the Phase II Amendments to Title 10 relative to Downtown development.
PROPOSED MOTION:
Proposed Motion
I move to approve an emergency ordinance imposing a 90-day temporary moratorium on all new development within the downtown area as set forth in the Phase II Amendments Map, figure 10-2-18, and upon the submission, acceptance, processing, or approval of any site development plans, demolition permit, applications or plan approvals, or other types of approval by the City of Littleton related to such activities.