HomeMy WebLinkAbout984 Twelve-Month Moratorium Manufactured Home Developments 11-18-2020ORDINANCE NO. 984
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, ESTABLISHING A TWELVE MONTH
MORATORIUM ON THE ACCEPTANCE AND PROCESSING OF
APPLICATIONS FOR, AND THE ISSUANCE OF, ANY
MANUFACTURED HOME PARK OR SUBDIVISION PERMITS FOR
MANUFACTURED HOME DEVELOPMENTS, AS WELL AS THE
ACCEPTANCE AND PROCESSING OF ANY APPLICATIONS FOR
DEVELOPMENT OF ANY KIND THAT, IF GRANTED, COULD RESULT
IN MANUFACTURED HOUSING DEVELOPMENTS
WHEREAS, on November 13, 2019, the Board of Trustees ("Board") of the Town of Firestone
("Town") enacted Ordinance No. 962, which imposed a twelve month moratorium on the acceptance
and processing of applications for, and the issuance of, any mobile home park permits for mobile
home developments, as well as the acceptance and processing of any applications for development
of any kind that, if granted, could result in mobile home park or mobile housing developments;
and
WHEREAS, the grounds for the moratorium were that the Town's current regulations
pertaining to mobile home development and mobile home communities needed to be evaluated
and updated because the existing regulations did not provide an adequate mechanism to regulate
and control the location, design, size, and land use for mobile homes or the orderly development
of mobile homes in a manner that would be consistent with the Town's goals related to zoning and
land development; and
WHEREAS, the moratorium expired on November 12, 2020; and
WHEREAS, in July 2020, the Town repealed its prior zoning regulations in their entirety
and adopted the Firestone Development Code ("FDC") set forth in Chapter 16.04 of the Firestone
Municipal Code ("Code"); and
WHEREAS, though the FDC updated definitions as to manufactured home parks and
manufactured homes, other than as to floodway development standards, the Town given the
magnitude of the scope of work in adopting an entirely new development code has not yet adopted
building design and character standards and materials requirements and zoning designations for
manufactured home parks and manufactured homes; and
WHEREAS, to ensure consistency among all its land use goals, developments, regulations
and plans staff desires to coordinate development of its manufactured home regulations in
conjunction with the Town's Comprehensive Plan update, which is to occur in 2021; and
WHEREAS absent a moratorium manufactured home park or manufactured housing may
be established before the building design and character standards and material requirements and
zoning regulations for manufactured homes may be drafted and enacted thereby defeating the
purpose of formulating and implementing the new standards, requirements and regulations; and
11
WHEREAS, the imposition of a twelve month moratorium on the acceptance and
processing of and the issuance of any manufactured home park permits for manufactured home
developments, as well as the acceptance and processing of applications for zoning or rezoning
property within the Town that would allow for manufactured home park developments will
preserve the status quo and permit the Board in consideration of an updated Comprehensive Plan
to adopt amendments to the FDC regarding the building, design, and character standards, materials
requirements, and zoning designations for manufactured home parks and manufactured homes;
WHEREAS, the duration of the moratorium imposed by this ordinance is reasonable in
length and is no longer than is required for the Town to properly develop, adopt and implement
amendments to the FDC pertaining to regulations for the affected uses; and
WHEREAS, owners and developers of real property affected by this ordinance desiring to
construct manufactured home parks will not be unfairly prejudiced by the imposition of the
temporary moratorium proposed by this ordinance; and
WHEREAS, this ordinance is enacted pursuant to the Town's land use regulation powers,
in order to safeguard the lives and properties of the citizens of the Town of Firestone.
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. A moratorium is imposed upon the acceptance and processing of, and the issuance
of, any manufactured home parlc permits for new or expansions to existing manufactured home or
manufactured home developments, as well as the acceptance and processing of applications for
zoning or rezoning of property within the Town of Firestone that would allow for manufactured
home park development, the acceptance and processing of applications for manufactured home
subdivisions, and the acceptance and processing of applications for site development plan approval
For new or expansions to existing manufactured home parks or manufactured home developments.
Section 3. The moratorium imposed by this ordinance shall commence as of the date of the
effective date of this ordinance, and shall expire on November 18, 2021, unless sooner repealed.
Section 4. The moratorium herein provided for shall not apply to any manufactured home park
development project or activity on land within the Town for which final plan site plan approval
has been granted or a building permit issued at the time of this ordinance; nor shall it impact the
lawful use of property for existing manufactured home parks or development projects for which a
manufactured home park permit has previously been granted, so long as such manufactured home
parlc developments are confined to the limits, provision, and conditions of their respective existing
Town approvals; nor shall it impact the acceptance and processing of new and existing applications
for replacement of or repair to an existing manufactured or manufactured home located upon a
manufactured home lot or space.
Section 5. Before the expiration of the moratorium imposed by this ordinance, Town staff,
shall review the Town's current regulations pertaining to manufactured home park development
and zoning. Such review shall be completed promptly and with due diligence. If directed to do
2
so by the Board, Town staff shall prepare appropriate new, or amended, regulations with respect
to manufactured home developments in the Town for consideration by the Board of Trustees.
Section 6. The Board of Trustees shall have the power to grant a special exception to the
moratorium established in Section 2 of this ordinance, and to order the acceptance and
processing of applications, and the issuance of a permit, that would otherwise be prohibited by
this moratorium, if the following conditions are met to the sole satisfaction and discretion of the
Board:
A. A written application for the special exception must be submitted, indicating the
specific nature of the project proposed and/or manufactured home park permit sought to be
obtained, and stating with particularity the circumstances of the undue, substantial hardship that
the applicant will suffer if a special exception is not granted.
B. Within 30 days, the Board of Trustees shall hold a public hearing on the
application for a special exception. Notice shall be given at least seven (7) days in advance of
the public hearing. The owner of the property and applicant, or agent, shall be notified by mail.
Notice of such hearing shall be posted on the property and shall be published in a newspaper of
general circulation within the Town of Firestone at least seven (7) days prior to the public
hearing.
C. The Board of Trustees may grant a special exception if it finds all of the following:
(i) The issuance of the manufactured home park permit, or processing of the
site plan, subdivision application, or zoning request, is necessary to prevent
undue, substantial hardship for the applicant; and
(ii) The issuance of the manufactured home park permit, or processing of the
site plan, subdivision application, or zoning request, will not affect the
public interest or the purposes and reasons of and for this moratorium; and
The issuance of the manufactured home park permit, or processing of the
site plan, subdivision application, or zoning request, will be in accordance
with all of the ordinances and regulations of the Town of Firestone as if the
moratorium were not in effect.
Section 7. 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 8. If any article, section, paragraph, sentence, clause, or please of this ordinance is
held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or
constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare
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 9. All other ordinances or portions thereof inconsistent or conflicting with this
ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict.
K�
Section 10. This ordinance is deemed necessary for the protection of the health, welfare and
safety of the community.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this[&th day of 11 QVeRlr2020.
ATTEST:
TOWN OF FIRESTONE, COLORADO
bi SindLlarI Mayor
AS TO FORM:
Williarii�.�Elayashi, Town Attorney