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HomeMy WebLinkAbout139 - 09/20/1994 - AMENDING ORDINANCE NO. 114, 1994 FOR THE PURPOSE OF MODIFYING THE DENSITY CHART AND FOR PURPOSE OF ORDINANCE NO. 139, 1994 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ORDINANCE NO. 114, 1994, FOR THE PURPOSE OF MODIFYING THE "DENSITY CHART" ADOPTED PURSUANT TO SAID ORDINANCE NO. 114, 1994, AND FOR THE PURPOSE OF DESCRIBING THE MEANING OF THE TERM "EXISTING NEIGHBORHOOD OR COMMUNITY PARK OR COMMUNITY FACILITY" USED IN SAID "DENSITY CHART" WHEREAS, pursuant to Ordinance No. 114, 1994, of the Council of the City o-f Fort Call ns Section 29-526-(D) 2)- was amended- by. among- other things- the- adoption of a revised Activity "H" Residential Uses Density Chart, which Density Chart provided for the awarding of certain "points" for a project being Tocated within- 3,500- feet of an existing neighborhood or community park; and WHEREAS, the amendment to said Density Chart as adopted pursuant to Ordinance No. 114, 1994, deleted the provision allowing for the awarding of density points for proximity to community facilities; and WHEREAS, the Council has determined that said Density Chart should be amended to reinstate a provision allowing for the awarding of points for proximity to community facilities; and WHEREAS, the Council has further determined that the term "community facility" as said term is contained Section 29-1 of the Code of the City should be clarified; and WHEREAS, the Council has determined that the term "existing neighborhood or community park or community facility" as that term is used in said Density Chart should mean that the park or community facility is intended for use by the public and is developed, under development or funded and programmed for development. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the definition of the term "community facility" as contained in Section 29-1 of the Code of the City be, and hereby is, amended to read as follows: Sec. 29-1. Definitions. Community facility shall mean a publicly-owned facility which is primarily intended to serve the recreational , educational , cultural or entertainment needs of the community as a whole. The term "community facility" shall include publicly-owned golf courses but shall not include natural areas, open spaces, detention ponds or wetlands. Section 2. That Section 2 of Ordinance No. 114, 1994, shall be, and hereby is, amended so as to modify Criterion "d" of the Density Chart of the Specific Use Review Criteria, Activity H "Residential Uses, " of Section 29-526(0) (2) of the Code of the City (LDGS) , to read as follows: d. 3500 feet of an existing neighborhood or 20% community park, or community facility (EXCEPT GOLF COURSES) ; or ................................................................................................................................ ............ 3500 feet of a publicly owned, but not developed, 10% neighborhood or community park, or community facility (EXCEPT GOLF COURSES) or 3500 feet of a publicly owned, golf course, 10% whether developed or not. Section 3. That Ordinance No. 114, 1994, shall further be, and the same hereby is, amended by the addition of a new Section 3, with all subsequent sections to be renumbered accordingly, which Section 3 shall provide as follows: Section 4. That Section 29-526(J) of the Code of the City (the Land Development Guidance System) is hereby amended by the addition of a new subparagraph (7) to read as follows: J. Special Conditions for Development. (7) Existing Neighborhood or Community Park or Community Facility. (a) To qualify for points on the Density Chart, an existing neighborhood or community park or community facility must: (1] be -intended for- use by tire- pulri i c, arit [2] be developed, under development or funded and programmed for development. 2 Introduced, considered favorably on first reading, and ordered published this th day of September, A.D. 1994, and to be prese 7for final paw on the 20th day of September, A.D. 1994. Mayor ATTEST: A:'Oa City Clerk Passed and adopted on final reading this 20th da September 1994. Mayor ATTEST: (� �f a�J►Iu _ ems:' City Clerk QS 3