HomeMy WebLinkAbout127 - 10/01/1996 - AMENDING CITY CODE RELATING TO AMENDMENTS TO PROVISIONS OF THE RC RIVER CORRIDOR DISTRICT ORDINANCE NO. 127, 1996
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SUBDIVISION W IN DIVISION 3 OF ARTICLE III
OF CHAPTER 29 OF THE CITY CODE RELATING TO AMENDMENTS TO
PROVISIONS OF THE RC RIVER CORRIDOR DISTRICT
WHEREAS, a recent review of the provisions in Chapter 29 of the City Code relating to the
RC River Corridor District has revealed certain modifications and clarifications that need to be made
to the provisions concerning such zoning district; and
WHEREAS, Section 29-413 presently describes the purpose of the RC River Corridor
District as a designation for areas developed within the Downtown River Corridor of the Cache La
Poudre River; and
WHEREAS, since the adoption of the RC River Corridor zone in 1987, the City has annexed
properties along the Poudre River just beyond the City's downtown area; and
WHEREAS, Section 29-413 needs to be amended to expand the purpose of the zone and
acknowledge that the zone applies to property along the entire stretch of the Cache La Poudre River;
and
WHEREAS, Code Section 29-414(a) currently provides that development proposals in the
RC zone that are submitted to the City's Current Planning Department must be processed and
decided upon within three (3) weeks; and
WHEREAS, due to the complexity of reviewing land development plans, the Planning
Department cannot effectively complete a review of such an application within three(3) weeks; and
WHEREAS, it is necessary to amend Section 29-414(a) to provide at least ten (10) weeks
following the submittal of an application for a use in the RC zone in which to properly review the
application; and
WHEREAS, Section 29-414(a)also currently provides that all permitted uses in the RC zone
and expansions of more than twenty-five percent (25%) of the gross floor area of uses existing on
February 17, 1987, shall be subject to an administrative review procedure as established in the
Neighborhood Plan for the effected area; and
WHEREAS,the City Council recently adopted Ordinance No. 126, 1996, in which it rezoned
certain downtown properties from the IG General Industrial District to the RC River Corridor
District;
WHEREAS, as a result of such rezoning, it would create an unnecessary hardship for such
rezoned properties if the effective date for establishing the basis to determine the twenty-five percent
(25%) expansion was as of February 17, 1987, rather than the actual date that such property is
rezoned into the RC zoning district; and
WHEREAS, Code Section 29-414(a) therefore needs to be amended to provide that the
effective date for establishing the basis for determining the twenty-five percent (25%) expansion
shall be on February 17, 1987 for those properties zoned into the RC District on February 17, 1987,
and for those properties zoned or rezoned into the RC District after February 17, 1987, that the
effective date for establishing the basis to determine the twenty-five percent (25%) expansion shall
be the effective date such property was zoned or rezoned into the RC District.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, as follows:
Section 1. That Section 29-413 of the Code of the City of Fort Collins shall be amended
to read in its entirety as follows:
Sec. 29-413. Purpose.
The RC River Corridor District designation is for areas developing within the
corridor of the Cache La Poudre River.
Section 2. That Section 29-414(a) of the Code of the City of Fort Collins shall be
amended to read in its entirety as follows:
Sec. 29-414. Uses Permitted.
(a) All permitted uses listed in this Section shall be subject to administrative
review procedures as established in a Neighborhood Plan for the affected area, if such
a plan has been adopted as an element of the Comprehensive Plan of the city.
Permitted uses (3) through (30) below shall be subject to administrative review by
the Director of Planning of the proposed site, landscape and preliminary architectural
designs and, where applicable, opportunity for similar review by a neighborhood
representative as allowed and adopted in the Neighborhood Plan, all in accordance
with the administrative guidelines as developed by the city. The decision of the
Director to approve, deny or modify the proposed plan must be made not sooner than
four(4)weeks nor later than ten (10) weeks following the submittal of an application
for a use in the RC River Corridor District and if the decision is not so made within
the ten (10) week period, approval shall be deemed to have been given. The decision
of the Director may be appealed to the Planning and Zoning Board as provided in the
administrative guidelines.
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Section 3. That paragraph (c) is added to Section 29-414 of the Code of the City of Fort
Collins to read in its entirety as follows:
(c) Notwithstanding the provisions of Division 6 of this Article III, any
nonconforming use in the RC River Corridor District shall be entitled to expand by
up to twenty-five (25) percent of the gross floor area of such use as a matter of right
without being subject to any administrative review. The basis for determining the
gross floor area of any such expansion shall be that gross floor area that existed for
that use on February 27, 1987, for those properties zoned or rezoned into the RC
River Corridor District on February 27, 1987. For those properties that were zoned
or rezoned into the RC River Corridor District after February 27, 1987, the basis for
determining the gross floor area of any expansion shall be the gross floor area that
existed for that use on the effective date that the subject property was zoned or
rezoned into the RC River Corridor District.
Introduced, considered favorably on first reading, and ordered published this 17th day of
September, A.D. 1996, and to be presented for final passage on the 1st day of October;A.D. 1996.
Mayor
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City Clerk
Passed and adopted on final reading this 1 st day of Octo D'. 1996.
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Mayor
ATTEST:
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City Clerk
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