HomeMy WebLinkAbout037 - 03/19/2019 - MAKING AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE PLANNED UNIT DEVELOPMENT OVERLAY REGULATORDINANCE NO. 037, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING AMENDMENTS TO THE CITY OF FORT COLLINS LAND
USE CODE PLANNED UNIT DEVELOPMENT OVERLAY REGULATIONS
WHEREAS, on December 2, 1907, by its adoption of Ordinance No. 190, 1997, the City
Council enacted the Fort Collins Land Use Code(the "Land Use Code"); and
WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding of
staff and the City Council that the Land Use Code would most likely be subject to future
amendments, not only for the purpose of clarification and correction of errors, but also for the
purpose of ensuring that the Land Use Code remains a dynamic document capable of responding
to issues identified by staff, other land use professionals and citizens of the City; and
WHEREAS, in 2018, City Council adopted Land Use Code regulations regarding Planned
Unit Development Overlays; and
WHEREAS, City staff has reviewed the Land Use Code Planned Unit Development
Overlay regulations and identified amendments to clarify the vesting provisions and Planned Unit
Development Master Plan amendment process and have made recommendations to the Council
regarding such issues; and
WHEREAS, on February 21, 2019, the Planning and Zoning Board on a 4-0 vote adopted ,
as part of its consent agenda a recommendation that Council approve the proposed changes; and
WHEREAS, the City Council has determined that the recommended Land Use Code
amendments are in the best interests of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 2.2.11 - Step 11: Lapse of the Land Use Code is hereby
amended to read as follows:
2.2.11 - Step 11: Lapse
C) PUD Master Plan. A PUD Master Plan shall be eligible for a vested property right solely
with respect to uses, densities, development standards, and Engineering Standards for
which variances have been granted pursuant to Section 4.29(L), as all are set forth in an
approved PUD Master Plan. An approved PUD Master Plan shall be considered a site
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specific development plan solely for the purpose of acquiring such vested property rights
subject to the provisions set forth in this Subsection(C) and not Subsection (E) below. A
PUD Master Plan shall be deemed approved upon the effective date of the ordinance
approving such PUD Master Plan as a site specific development plan and, upon such
approval, a vested property right shall be created pursuant to the provisions of Article 68
Title 24, C.R.S., and this Section 2.2.11.
E) Final Plan and Plat and Other Site Specific Development Plans.
1) Approval. With the exception of site specific development plans subject to
Subsection (C) above, a site specific development plan shall be deemed approved
upon the recording by the City with the Larimer County Clerk and Recorder of both
the Final Plat and the Development Agreement and upon such recording, a vested
property right shall be created pursuant to the provisions of Article 68 Title 24,
C.R.S., and this Section 2.2.11.
Section 3. That Section 4.29(I) of the Land Use Code is hereby amended to read as
follows:
Division 4.29 PLANNED UNIT DEVELOPMENT (PUD) OVERLAY*
I) PUD Master Plan Termination and Amendment.
2) PUD Master Plan Amendment. An approved PUD Master Plan may be amended
pursuant to the procedures set forth in Land Use Code Section 2.2.10 in accordance
with the following provisions:
a) Amendments may be initiated by any of the following:
1. The written request of all real property owners within the PUD
Overlay; or
2. The written request of the original applicant,property owner, and/or
developer for the approved PUD Master Plan; or any successor or
assign thereof authorized in writing by such party or parties to have
the ability pursuant to this Subsection to request an amendment,
provided the following conditions are met:
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a.The name or names of the original applicant, property
owner, and/or developer authorized to request an
amendment must be set forth in writing in the PUD Master
Plan.
b. The authorized applicant, property owner, developer, or
successor or assign, owns or otherwise has legal control of
real property within the PUD Overlay; and
C.The right of the authorized applicant, property owner,
developer, or successor or assign, to amend the PUD Master
Plan without the consent of other owners of real property
within the PUD Overlay has been recorded as a binding
covenant or deed restriction recorded on the respective real
property; or
3.The City, provided the amendment does not amend, modify, or
terminate any existing vested right approved in connection with the
PUD Master Plan without the permission of the beneficiary or
beneficiaries of such vested right.
b) Except as to real property within the PUD Overlay owned or otherwise
under the control of the authorized applicant, property owner; developer, or
successor or assign, any approved amendment requested by the authorized
applicant,property owner,developer,or successor or assign,shall not apply
to any other real property within the PUD Overlay which:
1.Is already developed pursuant to the applicable PUD Master Plan;
2. Has a valid and approved Project Development Plan or Final Plan;
or
3. Is the subject of ongoing development review at the time the
authorized applicant, property owner, developer, or successor or
assign amendment request is submitted to the City.
Section 4. That the definition "Site specific development plan" contained in Section
5.1.2 of the Land Use Code is hereby amended to read as follows:
Site specific development plan shall mean and be limited to a final plan as approved
pursuant to this Land Use Code, including a plan approved pursuant to basic development
review; or, under prior law in effect on the day before the effective date of this Land Use
Code, any of the following: the final plan, as approved pursuant to §29-526; the final
subdivision plat, as approved pursuant to §29-643; a minor subdivision plat, as approved
pursuant to §29-644; final site plans in the R-M District, as provided pursuant to §29-179;
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final site plans in the R-H District, as provided pursuant to §§29-205 and 29-206; cluster
development plans as provided pursuant to §29-116; site plans in the I-L and I-P Districts,
as provided pursuant to §29-372; site plans in the R-C District, as provided pursuant to
29-419; nonconforming use review, as provided pursuant to Chapter 29, Article III,
Division 6; group home review, as provided pursuant to §29-475; a PUD Master Plan for
the purpose of acquiring a vested property right with respect to uses,densities,development
standards and engineering standards for which variances have been granted pursuant to
Section 4.29(L); and a development agreement in connection with a PUD Master Plan
which grants a vested property right for a period exceeding three (3) years. In addition, a
site specific development plan shall mean a final plan or plat that was approved by Latimer
County for property which, at the time of approval,was located in the county but has been
subsequently annexed into the city. All references to districts or sections herein pertain to
the law in effect on the day before the effective date of this Land Use Code and which is
repealed by the adoption of this Land Use Code.
Introduced, considered favorably on first reading, and ordered published this 5th day of
March,A.D. 2019, and to be presented for final passage on the 19th day of March;A.D. 2019.
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Passed and adopted on final reading on the 19th day of March, A.D. 2019.
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