HomeMy WebLinkAbout002 - 01/07/1997 - AMENDING THE CITY CODE REGARDING AMENDMENTS TO THE ZONING DISTRICT MAP (DEFEATED ON FIRST READING) ORDINANCE NO. 2, 1997
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTIONS 29-43 AND 29-44 OF THE CODE OF THE CITY,'
REGARDING AMENDMENTS TO THE ZONING DISTRICT MAP
WHEREAS,Section 29-43(e)requires, in connection with the zoning of Ind within the City,
that advance notice be given at least seven (7) days prior to consideration of sV&h zoning ordinance
by the City Council by publication in a newspaper of general circulation within the City; and
WHEREAS, the State zoning law for statutory cities requires*ie giving of at least fifteen
(15) days advance notice by publication; and !
WHEREAS, the City Council has determined that it is in e best interests of the citizens of
the City that the longer period of notification be given for th consideration of ordinances for the
zoning of land and that Section 29-43(e) should be amended/fo require the giving of at least fifteen
(15) days advance notice by publication; and
WHEREAS, such notice requirement exceecJg the requirements imposed by Colorado law
and in the case of large area rezonings, results in to undue expense to the City; and
WHEREAS, Section 29-44 of the Cgdeof the City establishes certain procedures to be
applied by the Planning and Zoning Board i is consideration of a zoning change and its making of
recommendations to the City Council; ana/
WHEREAS, the City has emb rked upon the development of a new comprehensive plan as
it relates to land use and developm t to be known as the"City Plan"; and
WHEREAS, City Pla will be implemented through a new "Land Use Code" and will
involve the rezoning of mos or all lands located within the corporate limits of the City; and
WHEREAS, Sec on 29-44 as it is presently constituted requires the mailing of written notice
to all property owner nd owners of property adjacent to any area proposed for rezoning without
making any distinct n between large area rezonings and small area rezonings; and
/disnction
R AS, the City Council has determined that it would not be in the best interests of the
City to embark upon such a massive mailing effort as would be required under the
for the implementation of the City Plan; and
REAS, the Council has further determined that the Code should be amended to provide
between large and small area rezonings and to amend the Code regarding the giving of
ice, notice by posting and notice by publication for Planning and Zoning Board
n of both types of rezonings.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, as follows:
Section 1. That Section 29-43(e) of the Code of the City is hereby amended to read as
follows:
Sec. 29-43. Amendments to Zoning District Map.
(e) Upon completion of any hearing by the Planning and Zoning Board on an
application to rezone any parcel of land or upon consideration of initial zoning in the
case of lands being annexed to the city, the City Clerk shall cause the hearing by the
City Council to be placed on the agenda for a future City Council meeting and shall
give notice of such hearing. The public hearing before the City Council shall be held
after at least fifteen (15) days notice of the time and place of such hearing shall have
been given by publication in a newspaper of general circulation within the city.
Section 2. That Section 29-44 of the Code of the City be amended to read as follows:
Sec. 29-44. Special procedures for amendments.
Before submitting a report and recommendation on any proposed amendment to
the Zoning District Map of the city, the Planning and Zoning Board shall hold a
public hearing on the proposed amendment in accordance with the following
requirements:
(1) The public hearing before the Planning and Zoning Board shall be held
after at least seven (7) days notice of the time and place for such hearing shall
have been given by publication in a newspaper of general circulation within the
city;
(2) If a proposed amendment to the Zoning District Map involves the zoning
or rezoning of no more than six hundred forty (640) acres of land, the Planning
and Zoning Board shall send written notice of the time and place of such hearing
at least seven (7) days prior to the hearing date to all property owners of most
recent tax record within the area proposed for rezoning and to the property
owners of most recent tax records within five hundred(500) feet of any point on
the perimeter of the area proposed for rezoning. Failure to mail such notice to
every property owner due to clerical omissions shall not affect the validity of any
hearing or determination of the Planning and Zoning Board.
Introduced,considered favorably on first reading, and ordered published this 7th day of January,
A.D. 1997, and to be presented for final passage on the 21 st day of January, A.D. 1997.
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Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 21 st day of January, A.D. 1997.
Mayor
ATTEST:
City Clerk
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