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HomeMy WebLinkAbout004 - 02/04/1992 - AMENDING CITY CODE PERTAINING TO THE EFFECT OF PLANNED UNIT DEVELOPMENTS ORDINANCE NO. 4 , 1992 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 29 OF THE CODE OF THE CITY OF FORT COLLINS PERTAINING TO THE EFFECT OF PLANNED UNIT DEVELOPMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1 . That Chapter 29 is hereby amended by the addition of a new section, to be numbered Section 29-527, to read as follows: Sec. 29-527. Planned unit developments, effect of. (a) In the event that a property has obtained development approval of a preliminary or final planned unit development plan pursuant to § 29-526 of the Code, such property may not thereafter be developed in any other fashion, except when such development is for the purpose of continuing or expanding any legal use which existed upon the property at the time of the approval of the planned unit development plan; or upon the occurrence of one of the following events: (1) The right to develop the property in accordance with the approved planned unit development plan has expired pursuant to § 29-514 or § 29-526(H) of the Code, in which event the property may be developed as a use specifically permitted by right, or according to such other planned unit development as may subsequently be approved by the Planning and Zoning Board; (2) The owner of the property has obtained the approval , by resolution, of the Planning and Zoning Board to abandon the right to develop the property (or any portion thereof) in accordance with the approved planned unit development plan, in which event the right to develop other than as a planned unit development shall apply only to the portion of the property which is no longer subject to the planned unit development plan; (3) The owner of the property has obtained permission from either the Planning Director or the Planning and Zoning Board to amend the final development plan in accordance with § 29-526(F) (5) , in which event the property shall be developed according to the amended plan; (4) The owner of the property has obtained the approval of the Planning and Zoning Board to redevelop the property (or any portion thereof) in some manner other than in accordance with the approved planned unit development plan because of the destruction of improvements constructed pursuant to the approved planned unit development plan by reason of fire, flood, tornado or other catastrophe, in which event the property shall be developed according to the plan for redevelopment approved by the Planning and Zoning Board. (b) Any property owner seeking to obtain the approval of the Planning and Zoning Board pursuant to § 29-527(a) (2) , (3) or (4) shall submit an application complying with the requirements and procedures set forth in § 29-526(F) (5) of the Code pertaining to amendments to planned unit developments. (c) In considering whether to approve any application for abandonment, amendment or redevelopment pursuant to § 29-527(a) (2) , (3) or (4) , the Planning Director or the Planning and Zoning Board shall be governed by the following criteria: (1) The application shall not be approved if, in so approving, any portion of the subject property remains developed or to be developed in accordance with the previously approved planned unit development plan and, because of the abandonment, amendment or redevelopment, such remaining parcel of property would no longer qualify for approval as a planned unit development pursuant to the criteria and requirements of § 29-526 of the Code. (2) The application shall not be approved if, in so approving, the City's rights of ownership of or practical ability to utilize any previously dedicated street, easement, right-of-way or other public area or public property would be denied or diminished to the detriment of the public good. If the Planning and Zoning Board finds that the foregoing criteria and the criteria pertaining to amendments of final plans generally have been satisfied, the Board shall approve the application. Section 2. That Section 29-526(E) , Special Requirements, is hereby amended by the addition of a new subparagraph (3) , with subsequent renumbering of all remaining subparagraphs, to read as follows: (3) No more than one (1) planned unit development plan shall be approved for any specific parcel of property at any given time. The most recently approved planned unit development plan shall constitute the valid planned unit development plan (unless rendered invalid in accordance with law) and any prior approved planned unit development plan(s) shall automatically terminate upon the approval of a subsequent planned unit development plan for any specific parcel of property. No planned unit development plan which has been terminated may be revived except by the filing of an application for a new plan pursuant to § 29-526 of the Code. Introduced, considered favorably on first reading, and ordered published this 21st day of January, A.D. 1992, and to be presented for final passage on the 4th day of February, A.D. 1992. �j A AAN Ma �A.�A y' o�— ATTEST: 31a,�► City Clerk Passed and adopted on final reading this 4th day of February, A.D. 1992. Mayor ATTEST: City Clerk 3