HomeMy WebLinkAbout1968-054-07/03/1968-SETTING FORTH FINDINGS AND CONCLUSIONS REGARDING REFERENDUM PETITIONS FILED IN CONNECTION WITH ORDIN RESOLUTION 6$ -S`I
OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH
FINDINGS AND CONCLUSIONS REGARDING SUM PETITIONS
FILED IN CONNECTION WITH ORDINANCE NO 199 1968
WHEREAS, heretofore the City Council passed and adopted Ordinance No 19,
1968, the date of final reading of said ordinance being May 239 1968, and the
effective date of said ordinance pursuant to the provisions of the Charter of
the City of Fort Collins being ten days after such final passage date, and
WHEREAS, said Ordinance No 19, 1968, was an ordinance changing the
zoning classification for certain property located in the SJ of the NGF4 of
Section 24, Township 7 North, Range 69 West of the 6th P M in the City of
Fort Collins, Colorado, and
WHEREAS, such property was removed from the RL-Low Density Residential
District under said zoning ordinance and part of said property was placed in
the RM-Medium Density Residential District and part in the RP-Planned Residential
District under said zoning ordinance, and
WHEREAS, thereafter and within the time allowed by the Charter of the City
of Fort Collins, petitions for a referendum on said ordinance were duly filed
with the City Council protesting against the going into effect of such ordinance,
and
WHEREAS, such petitions were referred to the election board of the City of
Fort Collins and report was made by the City Clerk that such petitions contained
the signatures of more than 15% of the total vote cast at the last general City
Election, and
WHEREAS, the City Council has made a study of this matter and desires to
set forth herein its findings and conclusions regarding such referendum petitions
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows
1 The City Council hereby finds and determines as follows
a The Ordinance which is the subject of the referendum petitions was
an ordinance changing the zoning classification for certain property in the City
from the RL-Low Density Residential District to the RM-Medium Density Residential
District and the RP-Planned Residential District
b In addition to the evidence presented at the hearing on such
rezoning petition and the arguments there presented, the City Council notes that
the land in question has not been developed for any urban purpose, that said
land was originally zoned under the zoning ordinances of the City of Fort Collins
at the time it was annexed to the City in a Low Density Residential classification
and that said land has remained in such classification since it was annexed to
the City in April of 1957 Since such land was annexed to the City the
land on all sides of the subject property has been developed, such developments
including the South College Heights Subdivisions and the Indian Hills Subdivisions
and the limits of the City have extended more than a mile beyond the subject
property, however, the subject property has remained undeveloped. Such fact
indicates to the City Council that the original zoning for said property was
not correct and was one of the reasons for the passage of the rezoning ordinance
2 The City Council having heard the evidence presented at the hearing on
the rezoning ordinance is of the opinion that failure to grant the rezoning would
have constituted arbitrary and capricious action on the part of the council which
would have resulted in a direction from the Court having appropriate jurisdiction
of the matter to grant the rezoning requested
3 The City Council further finds and determines that an ordinance changing
the zoning classification for property within the City cannot be lawfully enacted
without a public hearing before the City Council after public notice is published
and without a study and recommendation concerning such amendment by the Planning
and Zoning Board In addition the hearing before the Planning and Zoning Board
requires additional notice to persons interested all as set forth in Section 19-46
of the Code of Ordinances of the City of Fort Collins, Colorado, 1958, as amended
Since neither an initiated ordinance nor a referendum would comply with such
notice and hearing requirements the referendum is not applicable to a rezoning
ordinance
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4 In addition the City Council notes that Article 19 of the Charter of
the City of Fort Collins empowers the City Council to zone the City and such
article does not make such power subject to the referendum
5 For the foregoing reasons the City Council is of the opinion that
in passing the ordinance which is the subject of the referendum petitions
the City Council was acting in an administrative manner and not in a legislative
manner and because of this such ordinance is not a proper subject for a referendum
6 For the foregoing reasons the City Council hereby determines that
Ordinance No 19, 19681, is not subject to a referendum and because of this the
City Council does not accept the petitions for the referendum and Ordinance No
199 19689 shall continue in full force and effect
Passed and adopted at a regular meeting of the City Council held this 3rd
day of July, A D , 1968
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ATTEST
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