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HomeMy WebLinkAbout127 - 10/01/1996 - AMENDING CITY CODE RELATING TO AMENDMENTS TO PROVISIONS OF THE RC RIVER CORRIDOR DISTRICT ORDINANCE NO. 127, 1996 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SUBDIVISION W IN DIVISION 3 OF ARTICLE III OF CHAPTER 29 OF THE CITY CODE RELATING TO AMENDMENTS TO PROVISIONS OF THE RC RIVER CORRIDOR DISTRICT WHEREAS, a recent review of the provisions in Chapter 29 of the City Code relating to the RC River Corridor District has revealed certain modifications and clarifications that need to be made to the provisions concerning such zoning district; and WHEREAS, Section 29-413 presently describes the purpose of the RC River Corridor District as a designation for areas developed within the Downtown River Corridor of the Cache La Poudre River; and WHEREAS, since the adoption of the RC River Corridor zone in 1987, the City has annexed properties along the Poudre River just beyond the City's downtown area; and WHEREAS, Section 29-413 needs to be amended to expand the purpose of the zone and acknowledge that the zone applies to property along the entire stretch of the Cache La Poudre River; and WHEREAS, Code Section 29-414(a) currently provides that development proposals in the RC zone that are submitted to the City's Current Planning Department must be processed and decided upon within three (3) weeks; and WHEREAS, due to the complexity of reviewing land development plans, the Planning Department cannot effectively complete a review of such an application within three(3) weeks; and WHEREAS, it is necessary to amend Section 29-414(a) to provide at least ten (10) weeks following the submittal of an application for a use in the RC zone in which to properly review the application; and WHEREAS, Section 29-414(a)also currently provides that all permitted uses in the RC zone and expansions of more than twenty-five percent (25%) of the gross floor area of uses existing on February 17, 1987, shall be subject to an administrative review procedure as established in the Neighborhood Plan for the effected area; and WHEREAS,the City Council recently adopted Ordinance No. 126, 1996, in which it rezoned certain downtown properties from the IG General Industrial District to the RC River Corridor District; WHEREAS, as a result of such rezoning, it would create an unnecessary hardship for such rezoned properties if the effective date for establishing the basis to determine the twenty-five percent (25%) expansion was as of February 17, 1987, rather than the actual date that such property is rezoned into the RC zoning district; and WHEREAS, Code Section 29-414(a) therefore needs to be amended to provide that the effective date for establishing the basis for determining the twenty-five percent (25%) expansion shall be on February 17, 1987 for those properties zoned into the RC District on February 17, 1987, and for those properties zoned or rezoned into the RC District after February 17, 1987, that the effective date for establishing the basis to determine the twenty-five percent (25%) expansion shall be the effective date such property was zoned or rezoned into the RC District. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That Section 29-413 of the Code of the City of Fort Collins shall be amended to read in its entirety as follows: Sec. 29-413. Purpose. The RC River Corridor District designation is for areas developing within the corridor of the Cache La Poudre River. Section 2. That Section 29-414(a) of the Code of the City of Fort Collins shall be amended to read in its entirety as follows: Sec. 29-414. Uses Permitted. (a) All permitted uses listed in this Section shall be subject to administrative review procedures as established in a Neighborhood Plan for the affected area, if such a plan has been adopted as an element of the Comprehensive Plan of the city. Permitted uses (3) through (30) below shall be subject to administrative review by the Director of Planning of the proposed site, landscape and preliminary architectural designs and, where applicable, opportunity for similar review by a neighborhood representative as allowed and adopted in the Neighborhood Plan, all in accordance with the administrative guidelines as developed by the city. The decision of the Director to approve, deny or modify the proposed plan must be made not sooner than four(4)weeks nor later than ten (10) weeks following the submittal of an application for a use in the RC River Corridor District and if the decision is not so made within the ten (10) week period, approval shall be deemed to have been given. The decision of the Director may be appealed to the Planning and Zoning Board as provided in the administrative guidelines. 2 Section 3. That paragraph (c) is added to Section 29-414 of the Code of the City of Fort Collins to read in its entirety as follows: (c) Notwithstanding the provisions of Division 6 of this Article III, any nonconforming use in the RC River Corridor District shall be entitled to expand by up to twenty-five (25) percent of the gross floor area of such use as a matter of right without being subject to any administrative review. The basis for determining the gross floor area of any such expansion shall be that gross floor area that existed for that use on February 27, 1987, for those properties zoned or rezoned into the RC River Corridor District on February 27, 1987. For those properties that were zoned or rezoned into the RC River Corridor District after February 27, 1987, the basis for determining the gross floor area of any expansion shall be the gross floor area that existed for that use on the effective date that the subject property was zoned or rezoned into the RC River Corridor District. Introduced, considered favorably on first reading, and ordered published this 17th day of September, A.D. 1996, and to be presented for final passage on the 1st day of October;A.D. 1996. Mayor A(\TTT`E/ST(�:�\ LtdLi�ble��1 V�+� City Clerk Passed and adopted on final reading this 1 st day of Octo D'. 1996. i Mayor ATTEST: L 4-'n City Clerk 3