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HomeMy WebLinkAbout161 - 12/19/1995 - AMENDING CITY CODE RELATING TO LDGS RESIDENTIAL USES ACTIVITY CHART AND RESIDENTIAL DENSITY BONUS PO ORDINANCE NO. 161, 1995 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 29-526(D)(2) TO ESTABLISH A MINIMUM PERCENTAGE OF BASE POINTS REQUIRED ON THE RESIDENTIAL USES ACTIVITY POINT CHART AND AMENDING SECTION 29-526(J)(5) TO PROVIDE MORE DETAILED CRITERIA REGARDING THE OFF-SITE OPEN SPACE RESIDENTIAL DENSITY BONUS PROVISIONS AND EXTENDING THE APPLICATION OF THE AMENDMENTS TO SECTION 29-526 ENACTED PURSUANT TO ORDINANCE NO. 114, 1994 WHEREAS, the City of Fort Collins, as a home-rule municipality, is authorized by Article XX, Section 6 of the Colorado Constitution, the provisions of State statute and its City Charter to develop and implement policies and ordinances regulating the development of property within the City; and WHEREAS,the City has previously adopted various elements of the Comprehensive Land Use Plan, as well-as various sections of"its City Code pertaining to the zoning and development of property, including the Land Development Guidance System (the "LDGS"); and WHEREAS, the Council of the City of Fort Collins enacted Ordinance No. 114, 1994, for the purpose of implementing certain phasing criteria which will encourage higher density residential development closer to existing public facilities and services, which Ordinance contemplated the completion of certain tasks on or before November 15, 1995; and WHEREAS, because of other pressing matters, the tasks anticipated to be completed on or before November 15, 1995, have not yet been completed; and WHEREAS, the Council has determined that it is reasonable and necessary in the public interest that the staff be afforded additional time to complete said tasks and that the provisions of Ordinance No. 114, 1994, should continue in effect through December 31, 1996; and WHEREAS,the Council has further determined that Section 29-526 (the "LDGS") should be amended-to provide in the Residential Uses Activity Chart that projects must earn at least thirty (30) percentage points on the residential density chart from base points; and WHEREAS;the Council has further-determined that-Section 29 526(J)(5)should'3e amended- to provide more clear criteria regarding the awarding of residential density bonus points for the provision of off-site open space. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 29-526(D)(2), Activity Chart H, Residential Uses, be amended by the addition of a new criteria 2 to read as follows: 2. DOES THE PROJECT EARN AT LEAST YES NO N/A 30 PERCENTAGE POINTS AS CALCULATED ON THE FOLLOWING"DENSITY CHART H" ❑ ❑ ❑ FROM BASE POINTS? Section 2. That Section 29-526(J)(5) be repealed and readopted to read as follows: (5) Off-Site Open Space. The awarding of residential density bonus points pursuant to the density chart as contained in Activity "H", Residential Uses, shall be governed by and contingent upon the following criteria and regulations: (a) To qualify as off-site open space,the property proposed to be dedicated to the City must not be located upon the site of the proposed development, nor shall the off-site bonus point criterium be used to obtain extra points for addressing resource issues required by the City to mitigate the impacts of the proposed development pursuant to the provisions of this Land Development Guidance System. (b) To the extent not rendered ineligible because of other criteria of this subsection, sites that are eligible to qualify for off-site open space bonus points include: (i) Areas that are identified as moderate or high acquisition priorities in furtherance of the City's Natural Areas Program (including sites identified in the Parks and Recreation Master Plan) as endorsed by the Natural Resources Advisory Board and the Parks and Recreation Board; (ii) Such other sites as have been determined by the Planning and Zoning Board, following the receipt of reports/recommendations regarding such sites from the Natural Resources Advisory Board and the Parks and Recreation Board, to be beneficial in meeting the objectives of other City-adopted plans including, without limitation, the Stormwater Basin Master Plans and the Plan for the Region between Fort Collins and Loveland. (c) No property proposed for off-site open space residential density bonus points shall consist solely of land or water not developable under the City's land use regulations. 2 (d) To qualify for such bonus points, the site must be a viable natural area from a public use and management perspective and public access to and use of the site must be assured. If the site is part of a larger natural area, adequate and legally binding assurances must be provided to the City affording the City the ability to obtain the remaining portions of the natural area at a reasonable cost that does not exceed the fair market value of such remaining natural area. (e) To qualify for the awarding of off-site open space residential density bonus points, the applicant must, at the time of application for approval of a preliminary Planned Unit Development, provide to the City conclusive evidence of the applicant's (1) ownership of, or (2) legal right to timely acquire ownership of the property proposed for dedication to the City. The applicant shall also, at the time of such application, provide to the City a list of all existing and anticipated easements, rights of way, restrictions, reservations, profits, leases, permits or other title restrictions that affect the property. (f) The applicant must convey the property to the City by warranty deed,free and clear of all liens and any encumbrances which may interfere with the City's beneficial use of the property. The applicant shall also satisfy all other reasonable requirements of the City, including, without limitation, the provision of title insurance and environmental audits and the execution of customary closing documents. (g) Whether or not expressly stated in its approval of any project involving the awarding of residential density bonus points for the provision of off-site open space, no approval of any such projects shall be final until such time that the title to the property has been conveyed to the City, and all related closing requirements have been satisfied. Accordingly, any approval of a final P.U.D. plan awarding residential density bonus points for the provision of off-site open space are conditional and are strictly contingent upon final transfer of the property and compliance with other closing requirements and no plat for sari P.U.D-plan shall be recorded nor shall building permits or certificates of occupancybe issued for any such plan until this condition has- been met. Section 3. That the date as contained in Section 6 of Ordinance No. 114, 1994, shall be changed from December 31, 1995 to December 31, 1996. Section 4. That the amendments to Section 29-526 contained in Section I of this Ordinance is temporary in nature and is intended to be replaced by subsequent legislative enactment. Accordingly, said amendment shall become null and void as of December 31, 1996, except to the extent that the application of the same may be otherwise extended by the Council by ordinance. 3 Introduced, considered favorably on first reading, and ordered published in su ry form this 5th day of December, A.D. 1995, and]:ayo;rz::; 19 day of December, A.D. 1995. ATTEST: .� City_Clerk Passed and adopted on final reading this 19th day of Dec e , A.D. 19 ayor ATTEST: City Clerk 4