HomeMy WebLinkAbout040 - 03/19/2013 - AMENDING SECTION 2.2.11(C) OF THE LAND USE CODE REGARDING THE PERIOD OF TIME THAT PROJECT DEVELOPMEN ORDINANCE NO. 040, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 2.2.11(C) OF THE LAND USE CODE
REGARDING THE PERIOD OF TIME THAT PROJECT
DEVELOPMENT PLANS AND PLATS FOR LARGE BASE.INDUSTRIES
. REMAIN IN EFFECT
WHEREAS, Section 2.2.11 of the City's Land Use Code states that a project development
plan remains in effect for a period of three years unless an extension of that period of time is
approved by the Director of Planning, Development and Transportation; and
WHEREAS, Article 5 of the Land Use Code defines the term"large base industry"to mean
a firm that: (1)produces,or will produce,manufactured goods,at least eighty(80)percent of which
are,or will be,produced for export to areas outside of the city; (2)employs,or will employ,no fewer
than one hundred (100) persons for at least thirty-five (35) hours of year-round employment per
week; and (3) owns or leases, or will own or lease,real property or equipment within the city limits
that is used in the operation of the firm's business and that has, or will have, as of the date of the
commencement of the firm's operation, a fair market value of no less than one hundred million
dollars ($100,000,000.); and
WHEREAS, large base industries are critical to the economic health of the City; and
WHEREAS, many large base industry development plans, because of their size and
complexity, are proposed to be constructed in phases; and
WHEREAS, the City Council has determined that large base industries, when they are
proposed to be constructed in phases, will likely require far more than three years of time within
which to submit final plans for all phases of their proposed development; and
WHEREAS, upon favorable recommendation of the Planning and Zoning Board, the City
Council has determined that a project development plan which is for a large base industry to be
constructed in phases should be valid for a period of 25 years instead of three years as presently
provided in the Land Use Code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 2.2.11(C) of the Land Use Code is hereby amended to read as follows:
2.2.11 Step 11: Lapse
(C) Project Development Plan and Plat. Following the approval of a project
development plan and upon the expiration of any right of appeal, or upon the final
decision of the City Council following appeal, if applicable, the applicant must
submit a final plan for all or part of the project development plan within three (3)
years unless the project development plan is for a large base industry to be
constructed in phases, in which case the application for approval of a final plan must
be submitted within twenty-five(25)years. If such approval is not timely obtained,
the project development plan (or any portion thereof which has not received final
approval) shall automatically lapse and become null and void. The Director may
grant one (1) extension of the foregoing requirement, which extension may not
exceed six (6) months in length. No vested rights shall ever attach to a project
development plan. The approval of, or completion of work pursuant to, a final plan
for portions of a project development plan shall not create vested rights for those
portions of the project development plan which have not received such final plan
approval and have not been completed.
Introduced, considered favorably on first reading, and ordered published this 5th day of
March, A.D. 2013, and to be presented for final passage on the 19th day of March, A.D. 2013.
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Passed and adopted on final reading on the 19th day of March, A.D. 2013.
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