HomeMy WebLinkAbout962 Mobile-Manufactured Home Park MoratoriumORDINANCE 962
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, PROVIDING FOR A 12-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 MANUFACTURED HOUSING
DEVELOPMENTS
WHEREAS, the present regulations of the Town of Firestone that relate to mobile home
development and manufactured housing communities need to be evaluated and updated, because
the existing regulations do not provide an adequate mechanism to regulate and control the location,
design, size, and land use for such manufactured housing or the orderly development of
manufactured housing in a manner that would be consistent with the Town's goals related to
zoning and land development; and
WHEREAS, absent this moratorium, mobile home park or manufactured housing uses may
be established before revised standards may be drafted and enacted, thereby defeating the purpose
A formulating new standards to accomplish appropriate planning for future manufactured housing
development; and
WHEREAS, the imposition of a 12-month moratarium on the acceptance and processing
of, and the issuance of, any mobile home park permits for mobile home developments, as well as
the acceptance and processing of applications for zoning or rezoning of property within the Town
of Firestone to the R-5 zone district or a PUD-residential zone district that would allow for mobile
home park development, the acceptance and processing of applications for mobile home
subdivisions, and the acceptance and processing of applications for site development plan approval
for mobile home parks, will preserve the status quo, and allow the Board of Trustees to investigate,
consider, and adopt amendments, if advisable, to the Firestone Municipal Code pertaining to
zoning regulations for the affected uses; and
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 an
initial phase of amendments to the Firestone Municipal Code pertaining to regulations for the
affected uses; and
WHEREAS, owners and developers of real property affected by this ordinance desiring
to construct mobile home developments or manufactured home communities will not be unfairly
prejudiced by the imposition of the short, temporary moratorium proposed by this ordinance; and
WHEREAS, this ordinance is enacted pursuant to the Town of Firestone'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
incorporated by referenced and 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 mobile home park, permits for new or expansions to existing mobile 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 to the R-5 zone district or a PUD residential
zone district that would allow for mobile home park, development, the acceptance and processing
of applications for mobile home subdivisions, and the acceptance and processing of applications
for site development plan approval for new or expansions to existing mobile home parks or
manufactured home communities.
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 12, 2020, unless sooner repealed.
Section 4. The moratorium herein provided for shall not apply to any mobile 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 mobile home parks or development projects for which a mobile
home park permit has previously been granted, so long as such mobile home park 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 mobile home located upon a mobile home lot or space.
Section 5. Before the expiration of the moratorium imposed by this ordinance, the Town staff,
working with the Town Attorney, shall review the Town's current regulations pertaining to mobile
home park development and zoning. Such review shall be completed promptly and with due
diligence. If directed to do so by the Board, the Town Attorney and Town staff shall prepare
appropriate new, or amended, regulations with respect to mobile 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
exact nature of the project proposed andlor mobile home park permit sought to be obtained, and
stating with particularity the circumstances of the undue, substantial hardship that the applicant
will suffer if the special exception is not granted.
Be
Within 30 days, the Board of Trustees shall hold a public hearing on the application
for 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
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shall be posted on the property and shall be published in a newspaper with general circulation
within the Town of Firestone at least seven (7) days prior to the public hearing.
C. The Board of Trustees may grant the special exception if it finds all of the
following:
(i) The issuance of the mobile home park peirnit, 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 mobile 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
(iii) The issuance of the mobile 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 phrase 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.
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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 20tt' day of November, 2019.
TOWN OF FIRESTONE, COLORADO
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ATTEST: APPROVED AS TO FORM:
Lisa Bartley, Cleric Pro-tem Willi ayashi, Town Attorney
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