Planning Commission Resolution 2022-02 - not signed

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RESOLUTION NO. 02 SERIES 2022 A RESOLUTION RECOMMENDING APPROVAL OF AN EMERGENCY ORDINANCE ADDRESSING ZONING REGULATIONS AFFECTING STRUCTURES DAMAGED OR DESTROYED BY THE MARSHALL FIRE AND AUTHORIZING THE ZONING ADMINISTRATOR TO RECONCILE DISCREPANCIES TO FACILITATE REBUILDING OF THE SAME WHEREAS, on December 30, 2021, the Marshall Fire ignited and quickly spread to the City of Louisville, resulting in severe damage or total loss of almost six hundred (600) structures within the City of Louisville, most of them residential homes; and WHEREAS, also on December 30, 2021, the Mayor of the City of Louisville, pursuant to Chapter 2.32 of the Louisville Municipal Code and C.R.S. § 24-33.5-709, executed a Declaration of Local Disaster Emergency in and for the City of Louisville, which Declaration was thereafter continued in effect by resolution of the City Council, and the Governor of the State of Colorado issued a Declaration of Statewide Emergency in response to the Marshall Fire; and WHEREAS, on January 1, 2022, President Joseph R. Biden approved a Major Disaster Declaration for the Event (DR-4634-CO) beginning on December 30, 2021 and continuing thereafter; and WHEREAS, the structures damaged and destroyed by the Marshall Fire comprise significant portions of several residential subdivisions within the City and are generally within the areas shown on the Marshall Fire 2021 Burn Area map, as the same may be updated as more information is developed regarding affected structures; and WHEREAS, the City regulates land use and development in Title 17 of the Louisville Municipal Code (the "Zoning Code"); and WHEREAS, the City's Zoning Code establishes zone district categories and boundaries of such zone districts are shown on the Zoning Map of the City of Louisville, which is from time to time amended by the City Council; and WHEREAS, Chapter 17.12 of the Louisville Municipal Code sets forth regulations for each of the zone districts within the City; and WHEREAS, Title 17 further provides for planned unit developments (PUDs), and approval of a PUD development plan may vary or waive the requirements applicable to the underlying zoning district or districts in which a property is located, including, but not limited, to lot area, lot coverage, lot width, height, setbacks, parking, signage, and buffers; and WHEREAS, Section 17.28.110 provides that to the extent not modified or waived in the PUD development plan, the requirements of the underlying zone districts apply; and WHEREAS, City staff have identified PUDs within the Burn Areas where homes were built with setbacks and other dimensional aspects that do not comply with the PUD development plan or underlying zone district; and