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HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 03/05/1968, MINUTES OF MEETING PLANNING AND ZONING BOARD Fort Collins, Colorado Call to Order: Chairman Don Stuart called the meeting to order on March 5, 1968 at 7:30 p.m. Members Present: Ken Pastor, Charles Rhoades, Don Stuart, Lynn Anduss, Marcile Wood, Dr. Tom Bennett, Mayor, Tom Coffey, City Manager, Bob Engelke, Assistant Planning Director, and Art March, Jr., Assistant City Attorney. Item #1 Minutes for meeting of February 20, 1968 were read and approved. Item #2 #15-68 Consider proposed industrial development for North College Industrial Corporation involving 3 lots with I-L, Light Industrial Zoning. Bob Engelke: Presented and asked for comments from the audience. Fred Kennedy: Owner and Developer - withdrew the • plat due to problems of fire zones. Item #3 #16-68 Consider Fairview "West" Subdivision Sixth Filing involving 49 lots with R-L, Low Density Residential Zoning. Bob Engelke: Presented and described the problem of the cul-de-sac street names and the need to show the ditch boundaries. Don Stuart: Moved approval subject to the names and boundaries. Mrs. Wood: Seconded the motion. All Ayes. Item #4 #17-68 Consider Tenth Green Subdivision First Filing involving 52 lots with R-L, Low Density Residential Zoning. Bob Engelke: Presented and located. Mentioned the problem of Briarwood Court. Lynn Anduss: Moved approval subject to deleting "Briarwood Court". Seconded: All Ayes. Item #5 #18-68 Consider Parkwood Subdivision Fifth Filing involving 49 lots and 1 church site with R-P, Planned Residential Zoning. Bob Engelke: Presented and located. Suggested final plat was out of order due to the lack of a preliminary PLANNING 9 ZONINO MINUTES Page 2 • March 5, 1968 plat or a Unit Development Plan, but felt approval • could be granted subject to a Unit Development Plan being submitted and approved. Art March, Jr.: Presented the problem with Lot 67 of the third filing. He felt it was improperly shown. Gary Haxton: Thought it was allright but he would check on it. He also felt the problems of a Unit Development Plan could be worked out. Bob Engelke: Pointed out, no development of the unit development area could not take place until a plan was approved. Gary Haxton: Asked to be allowed to proceed with single family portion. Art March, Jr.: Suggested the motion: Approve subject to no development on unit development portion until plan is approved, and resolving the problem of Lot 67. Mrs. Wood: So moved. Ken Pastor: Seconded the motion. All Ayes Item #6 Other business - #13-68 Amendment to zoning ordinance on rezoning time limit. Art March, Jr.: Presented the following letter to the Fort Collins City Council and proposed ordinance. • February 29, 1968 City Council City of Fort Collins 300 LaPorte Avenue Fort Collins, Colorado Gentlemen: Pursuant to the request of the Planning and Zoning Board of the City of Fort Collins, this office has prepared a proposed amendment to the Zoning Ordinance of the City of Fort Collins. This proposed amendment provides the following: 1. The City Council could not act on any amended petition for rezoning unless this amended petition had first been considered by the Planning and Zoning Board. 2. No petition could be amended later than nine days after the Planning and Zoning Board took original action on the petition. 3. No petition would be considered if the land involved had been the subject of a rezoning petition within the preceding twelve months. PLANNING & ZONINO MINUTES Page 3 • March 5, 1968 City Council • February 29, 1968 Page 2 It is the opinion of this office that there are definite disadvantages to adopting these proposals and that the adoption of these proposals might in the future tie the hands of the City Council so that the Council could not accomplish what it felt was desirable for the City. As this proposal has been drafted there would be no exceptions to the twelve month limitation and regardless of any change in a neighborhood or in the town as a whole if the Planning and Zoning Board had previously acted on a rezoning petition the land could not be rezoned within a twelve month period even if all of the neighborhood and the Planning and Zoning Board and the City Council all agreed that a rezoning was desirable. Also as drafted even though the rezoning petition might have been for industrial use the owner of the land could not petition for a year even for a multi -family use or some other much less intense use. It is our opinion that at the least an exception should be made in this twelve month proposal allowing the City Council to specifically initiate a rezoning procedure regardless of this limitation. This office also questions the advisability of the restrictions on amending petitions. The first part of the amendment provides that the City Council could not act on an amended petition unless the Planning and Zoning Board had studies such amendment. In the past on occasion the City Council has worked out a compromise between the parties involved in a rezoning applica- tion and has gone ahead with an ordinance on the basis of the compromise. This would no longer be possible and the matter would have to go back to the Planning and Zoning Board for consideration of the compromise before the ordinance could be started. Normally this would present no hardship but it is easy to invision situations where the time delay would prevent the compromise from being possible. In addition, the second part of this amendment prohibits any amendment to a petition later than nine days after action on the pEtition by the Planning and Zoning Board. This provision tied to the twelve month limitation would mean that no compromise would be possible later than nine days after the action by the Planning and Zoning Board. It does not appear to this office that this part of the proposal accomplishes anything signigicant, but certainly it could defeat what may easly be desirable at some future time. DW 0 Respectfully submitted, Arthur E. March City Attorney PLANNING & ZONING - MINUTES Page 4 March 5, 1968 ORDINANCE NO. - , 1968 BEING AN ORDINANCE AMENDING SECTION 19-46 OF THE CODE OF ORDINANCES OF THE CITY OF FORT COLLINS, COLORADO, 1958, AS AMENDED, AND RELATING TO AMENDMENTS TO THE ZONING ORDINANCE. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section I. That Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, be and the same hereby is amended by adding to subsection 1 thereof at the end of said subsection the following paragraph: "The City Council shall not act on an amended petition for rezoning unless the Planning and Zoning Board has previously made a study and recommendation on such amended petition. No petition may be amended later than nine days after action on the original petition by the Planning and Zoning Board." Section 2. That Section 19-46 of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended, be and the same hereby is amended by adding to subsection 2 thereof at the end of said subsection the following paragraph: "The Planning and Zoning Board shall not consider any petition for rezoning any parcel of land which has been the subject of another rezoning petition and hearing within the twelve months preceding the filing of such petition. The foregoing restriction shall apply regardless of the type of zoning requested and whether all or only part of the subject property was the subject of the previous rezoning petition." Introduced, considered favorably on first reading, and ordered published this 29th day of February, A.D., 1968, and to be presented for final passage on the 21st day of March, A.D., 1968. Mayor ATTEST: City Clerk • PLANNING & ZONINO MINUTES Page 5 • March 5, 1968 ROE/skd 11 • Art March, Jr: Proposed that the board had By - Laws which could be, with some work, effective in accomplishing the desired rational to the zoning process. Board: Art March was instructed by the board to proceed along this course. Respectfully submitted, 6 QA-� Robert 0. Engelke Acting Secretary