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HomeMy WebLinkAbout1046 Extension of the Moratorium for new Car Wash Facilities and Establishments 07-24-2024ORDINANCE NO. 1046 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO PROVIDING FOR THE EXTENSION OF THE MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR, AND THE ISSUANCE OF, BUSINESS LICENSES OR BUILDING PERMITS FOR THE OPERATION OR USE OF CAR WASH FACILITIES AND ESTABLISHMENTS, AS WELL AS THE ACCEPTANCE AND PROCESSING OF ANY LAND -USE APPROVAL OR DEVELOPMENT REVIEW APPLICATIONS FOR DEVELOPMENT OF ANY HIND THAT, IF GRANTED, COULD RESULT IN THE CONSTRUCTION, DEVELOPMENT AND OPERATION OF A CAR WASH FACILITY WHEREAS, on July 26, 2023, the Town of Firestone ("Town") Board of Trustees ("Board") passed Ordinance No. 1030, imposing a moratorium on: (i) the acceptance and processing of, and the issuance of, building permits for new or expansions to existing car wash facilities, developments or establishments in all zoning districts; (ii) the acceptance and processing of applications for special review use or final development plan approval for new or expansions to existing car wash facilities, developments or establishments; (iii) the acceptance and processing of any and all other development review applications that would allow for the construction, operation and use of a car wash facility on property within the Town; and (iv) the acceptance and processing of, and the issuance of, a business license for any business whose purpose includes operation of a car wash facility (the "Moratorium"); and WHEREAS, since the enactment of Ordinance No. 1030, the Town, through its staff and legal counsel, continue to directly and actively be involved in preparing a proposed, initial draft of amendments to the Town's existing land use regulations relating to design, size, and location of such facilities and water conservation measures, which will be designed to accomplish appropriate planning for future car wash facility development, and will ensure the orderly development of car wash establishments in a manner that is consistent with the Town's goals related to optimizing beneficial use of the Town's water supply; and WHEREAS, the Town Board believes that maintaining the existing Moratorium is necessary until such time as it has had an opportunity to carefully consider, and potentially enact, such new regulations that are intended to protect and preserve the public's health, safety and welfare, and to protect and preserve the orderly and efficient development of land throughout the Town; and WHEREAS, absent this Moratorium, car wash uses may be established before revised standards may be drafted and enacted, thereby defeating the purpose of formulating new standards to accomplish appropriate planning for future car wash facility development; and WHEREAS, based upon the current schedule, the Town Board anticipates that it will be able to consider an ordinance enacting revised land use regulations relating to car wash facility development in late November or early December of 2024; and WHEREAS, an extension of approximately six months is deemed to be the minimum period of time necessary to allow for complete consideration of the proposed regulations by the Town Board, the public, and the stakeholders; and WHEREAS, owners and developers of real property in the Town who may be affected by this ordinance will not be unfairly prejudiced by a 6-month extension of the Moratorium; and WHEREAS, this ordinance is enacted pursuant to the Town of Firestone's police powers, to safeguard and preserve the public health, safety and welfare of the community; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The preceding recitals contained in the ordinance are hereby adopted and made a part of this ordinance and serve as findings of fact by the Board of Trustees. Section 2. Ordinance No. 1030 is re-enacted in its entirety as further amended below. Section 3. The Moratorium imposed by Ordinance No. 1030 shall be extended until December 31, 2024, unless sooner repealed by the Board of Trustees. Section 4. The Moratorium, as extended, shall not apply to: (i) any car wash facility or development project or activity on land within the Town for which final development plan approval has been granted; (ii) any car wash facility or development project or activity on land within the Town for which a building permit has been issued at the time of this ordinance; (iii) any car wash facility or development project or activity on land within the Town that, on or before the effective date of this ordinance, have submitted applications for a building permit, business license, or any land use approval deemed complete by Town staff, including payment of all applicable fees, as long as the permits or licenses are issued within 180 days after the applications were filed with the Town or within an additional period of time authorized by the Town, and the application is not otherwise deemed abandoned at any time after the effective date of this ordinance; (iv) remodeling work that does not result in an expansion to an existing car wash facility; or (v) the acceptance and processing of new and existing applications for replacement of or repair to an existing car was facility. The moratorium herein provided shall not impact the lawful use of property for existing car wash facilities or development projects for which a building permit, business license, or land use approval has previously been granted, so long as such facilities or developments are confined to the limits, provision, and conditions of their respective existing Town approvals. Section 5. During the pendency of the Moratorium, as extended, the Board of Trustees shall retain the power to grant special exceptions as provided for in Section 6 of Ordinance No. 1030. Section 6. The provisions of this ordinance and the moratorium imposed hereby shall not affect or otherwise prohibit the processing of applications for uses and proposals outside of the specific scope defined herein. Section 7. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision will not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 8. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 9. This ordinance is deemed necessary for the protection of the health, welfare, and safety of the community. P) Section 10. Violations of this ordinance shall be punishable in accordance with Section 1.16.010 of the Firestone Municipal Code INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED BY TITLE thisQ^y of ,, , 2024. ATTEST: Missy Carranco, Deputy Town Clerk APPROVED AS TO F . William IV M757W, T ttorney TOWN -.OF Conyac Ar., f 10 0 VNTY, Ito].7_10191