HomeMy WebLinkAbout004 - 02/04/1992 - AMENDING CITY CODE PERTAINING TO THE EFFECT OF PLANNED UNIT DEVELOPMENTS ORDINANCE NO. 4 , 1992
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 29 OF THE CODE OF THE CITY OF
FORT COLLINS PERTAINING TO THE EFFECT OF
PLANNED UNIT DEVELOPMENTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows:
Section 1 . That Chapter 29 is hereby amended by the addition of a new
section, to be numbered Section 29-527, to read as follows:
Sec. 29-527. Planned unit developments, effect of.
(a) In the event that a property has obtained development
approval of a preliminary or final planned unit development plan
pursuant to § 29-526 of the Code, such property may not thereafter
be developed in any other fashion, except when such development is
for the purpose of continuing or expanding any legal use which
existed upon the property at the time of the approval of the planned
unit development plan; or upon the occurrence of one of the
following events:
(1) The right to develop the property in accordance with the
approved planned unit development plan has expired
pursuant to § 29-514 or § 29-526(H) of the Code, in
which event the property may be developed as a use
specifically permitted by right, or according to such
other planned unit development as may subsequently be
approved by the Planning and Zoning Board;
(2) The owner of the property has obtained the approval , by
resolution, of the Planning and Zoning Board to abandon
the right to develop the property (or any portion
thereof) in accordance with the approved planned unit
development plan, in which event the right to develop
other than as a planned unit development shall apply
only to the portion of the property which is no longer
subject to the planned unit development plan;
(3) The owner of the property has obtained permission from
either the Planning Director or the Planning and Zoning
Board to amend the final development plan in accordance
with § 29-526(F) (5) , in which event the property shall
be developed according to the amended plan;
(4) The owner of the property has obtained the approval of
the Planning and Zoning Board to redevelop the property
(or any portion thereof) in some manner other than in
accordance with the approved planned unit development
plan because of the destruction of improvements
constructed pursuant to the approved planned unit
development plan by reason of fire, flood, tornado or
other catastrophe, in which event the property shall be
developed according to the plan for redevelopment
approved by the Planning and Zoning Board.
(b) Any property owner seeking to obtain the approval of the
Planning and Zoning Board pursuant to § 29-527(a) (2) , (3) or (4)
shall submit an application complying with the requirements and
procedures set forth in § 29-526(F) (5) of the Code pertaining to
amendments to planned unit developments.
(c) In considering whether to approve any application for
abandonment, amendment or redevelopment pursuant to § 29-527(a) (2) ,
(3) or (4) , the Planning Director or the Planning and Zoning Board
shall be governed by the following criteria:
(1) The application shall not be approved if, in so
approving, any portion of the subject property remains
developed or to be developed in accordance with the
previously approved planned unit development plan and,
because of the abandonment, amendment or redevelopment,
such remaining parcel of property would no longer
qualify for approval as a planned unit development
pursuant to the criteria and requirements of § 29-526 of
the Code.
(2) The application shall not be approved if, in so
approving, the City's rights of ownership of or
practical ability to utilize any previously dedicated
street, easement, right-of-way or other public area or
public property would be denied or diminished to the
detriment of the public good.
If the Planning and Zoning Board finds that the foregoing
criteria and the criteria pertaining to amendments of final plans
generally have been satisfied, the Board shall approve the
application.
Section 2. That Section 29-526(E) , Special Requirements, is hereby amended
by the addition of a new subparagraph (3) , with subsequent renumbering of all
remaining subparagraphs, to read as follows:
(3) No more than one (1) planned unit development plan shall be
approved for any specific parcel of property at any given
time. The most recently approved planned unit development
plan shall constitute the valid planned unit development plan
(unless rendered invalid in accordance with law) and any prior
approved planned unit development plan(s) shall automatically
terminate upon the approval of a subsequent planned unit
development plan for any specific parcel of property. No
planned unit development plan which has been terminated may be
revived except by the filing of an application for a new plan
pursuant to § 29-526 of the Code.
Introduced, considered favorably on first reading, and ordered published
this 21st day of January, A.D. 1992, and to be presented for final passage on the
4th day of February, A.D. 1992.
�j A AAN Ma �A.�A
y' o�—
ATTEST:
31a,�►
City Clerk
Passed and adopted on final reading this 4th day of February, A.D. 1992.
Mayor
ATTEST:
City Clerk
3