HomeMy WebLinkAboutAMENDMENT TO CHAPTER 29-43 OF THE CITY CODE - COMPREHENSIVE REZONINGS - 2-97 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTS§ 29-42
FORT COLLINS CODE
29-42. Applications and appeals proce-
dure.
(a) The Zoning Board of Appeals shall hold a
public earing on all applications and appeals with
the spe2tal conditions as required in this Section.
(b) For plications for variances of Articles III
and N, the Wing Board of Appeals shall mail a
written noti of the, hearing at least seven (7)
days prior to a hearing date to the applicant and
to owners of p rty adjacent to the property in
question. Failu to mail such notice to every
property owner du to clerical omissions shall not
affect the validity o any hearing or determination
of the board.
(c) For applications r variances of Articles III
and N, the applicant s all be charged a fee to
cover the cost of advertis g and processing. Un-
less otherwise stated in th Zoning Board of Ap-
peals' minutes, all variance rmits shall be valid
for a period of time not to ex c ed six (6) months
from the time such variance is ted.
(d) Final decisions of the Zoning�,Board of Ap-
peals are subject to the right of appe�4 to the City
Council as set forth in § 2-47 et seq.
(Code 1972, § 118-21; Ord. No. 154, 198 § 12, 10-
20-87)
Sec. 29-43. Amendments to Zoning District
Map.
(a) Any amendment changing the Zoning Dis-
trict Map of the city shall require the following ac-
tion:
(1) Study and recommendation concerning the
proposed amendment by the Planning and
Zoning Board;
(2) Study and recommendation on any rezoning
petition whether the petition is in original
form or amended. No petition may be
amended later than nine (9) days after action
on the original petition by the Planning and
Zoning Board.
(b) For proposed amendments to the Zoning Dis-
trict Map, the applicant shall be charged a fee to
cover the cost of advertising and processing.
(c) The City Council shall not rezone any tract
of land from one (1) zone to another without first
receiving a recommendation on the proposed zone
from the Planning and Zoning Board.
(d) The Planning -and Zoning Board shall not
consider any petition for rezoning any parcel of
land which has been the subject of another rezon-
ing petition and hearing within twelve (12)
months following final action on such petition un-
less substantial new evidence is submitted which
could not reasonably have been presented at the
previous hearing.
(e) Upon completion of any hearing by the
Planning and Zoning Board on an application to
rezone any parcel of land or upon consideration of
initial zoning in the case of lands being annexed to
the city, the City Clerk shall cause the hearing by
the City Council to be placed on the agenda for a
future City Council meeting and shall give notice
of such hearing. The public hearing before the City
Council shall be held after at least seven (7) days'
notice of the time and place of such hearing shall
have been given by at least one (1) publication in a
newspaper of general circulation within the city.
(Code 1972, § 118-22(A))
29-44. Special procedures for amend-
ments.
Beforeesubmitting a report and recommendation
on any p osed amendment to this Chapter, the
Planning an Zoning Board shall hold a public
hearing on the posed amendment with the fol-
lowing special con ' ions required:
Supp. No. 29 1990
(1) For proposed ame ments to the Zoning Dis-
trict Map, the Plann' and Zoning Board
shall send a written note of the hearing at
least seven (7) days prior to 'the hearing date
to the property owners of mosb,,recent tax
record within the area. requesting re-
Passed and adopted on final reading this day of , A.D., 1997.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. , 1997
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 29-43 REGARDING COMPREHENSIVE REZONINGS
WHEREAS, the Council of the City of Fort Collins is contemplating a comprehensive
rezoning of the City in connection with the implementation of the new "City Plan"; and
WHEREAS, Council has further determined that Section 29-43 of the Code of the City
should be amended to clarify that City initiated rezonings can be accomplished without the filing
of a petition or an application and that such rezonings are not subject to the twelve (12) month
limitation as contained in Section 29-43(d) of the City Code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, that Section 2943 be amended by the addition of a new subparagraph (f) to
provide as follows:
Sec. 29-43. Amendments to Zoning District Map.
(f) Comprehensive rezonings of the entire city or of substantial portions of the city
may be presented by the city staff to the Planning and Zoning Board for recommendation
and to the Council for adoption without the city having received a petition or application
for such rezonings, such city initiated rezonings shall not be subject to the limitations as
contained in subsection (d) of this section.
Introduced, considered favorably on first reading, and ordered published this day of
, A.D., 1997, and to be presented for final passage on the day of
A.D., 1997.
Mayor
ATTEST:
City Clerk
Amendment to Section 29-43 of the City Code
File #2-97
January 27, 1997 Planning and Zoning Board Meeting
Page 2
COMMENTS:
Section 29-43(d) (see attached) provides that the Planning and Zoning Board shall not
consider any petition for rezoning of land which has been the subject of another
rezoning petition within the previous twelve months unless substantial new evidence is
submitted which would not reasonably have been presented at the previous hearing.
Also, Section 29-43 generally contemplates that rezonings will occur either on "petition"
or on "application." The City Plan contemplates neither the filing of a petition nor an
application for rezoning since it is a "city initiated" rezoning of a comprehensive nature.
In order to avoid the potential for an argument that certain pieces of property cannot be
rezoned because of a prior rezoning within the previous twelve (12) months (particularly
with respect to areas that were subject to the North College Avenue rezonings which
occurred in February, 1996) this Ordinance should be adopted by the City Council. If
the Ordinance is adopted, it would pre-empt any argument that the City Plan rezoning is
improper because it occurred within twelve months of the prior rezoning. It would also
clear up the question of whether a rezoning could occur without the filing of a petition or
an application when it is a "city initiated" rezoning.
FINDINGS OF FACT/CONCLUSIONS:
Section 29-43 of the City Code restricts rezoning actions on property if the
property has been rezoned in the previous 12 months.
2. Section 29-43 of the City Code also contemplates that all rezonings will be the
result of a "petition" or an "application."
3. Rezonings associated with the implementation of City Plan will not occur as the
result of a "petition" or "application" and may affect properties that were rezoned
within the last 12 months due to the adoption of a neighborhood plan.
4. The proposed Code amendment eliminates the need to file "petitions" or
"applications" for rezonings initiated by the City for substantial portions of the City
and will permit City initiated rezonings to proceed within the 12 month restriction.
RECOMMENDATION:
Staff recommends that the Planning and Zoning Board approve the recommendation
that City Council amend Section 29-43 of the City Code relating to comprehensive
rezonings, file #2-97.
ITEM NO. 15
MEETING DATE 1/27/97
ia
STAFF Bob Blanchard
Citv of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Recommendation To City Council To Amend Chapter 29-43 Of The
City Code
APPLICANT: City of Fort Collins
OWNER: Same
PROJECT DESCRIPTION:
This is a request that the Planning and Zoning Board recommend that the City Council
adopt an amendment to Section 29-43 of the City Code as it relates to comprehensive
rezonings.
RECOMMENDATION: Approval
EXECUTIVE SUMMARY:
This request provides a new sub -section to Section 29-43 of the City Code. Section
29-43 relates to amendments to the zoning map. The proposed new section will allow
comprehensive rezoning actions on the entire City or substantial portions of the City
proceed without being subject to the restriction that requires rezoning actions on the
same property to be separated by a minimum time period of 12 months.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. PO. Box 580 Fort Collins, CO80522-0580 (970) 221-6750
PLANNING DEPARTMENT