HomeMy WebLinkAboutAMENDMENT TO CHAPTER 29-43 OF THE CITY CODE - COMPREHENSIVE REZONINGS - 2-97 - REPORTS - FIRST READINGORDINANCE NO. 23, 1997
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTION 29-43 OF THE CODE
OF THE CITY OF FORT COLLINS
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 29-43 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, and 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 4th day of
February, A.D. 1997, and to be presented for final passage on the 18th day of February, A.D. 1997.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 18th day of February, A.D. 1997.
Mayor
ATTEST:
City Clerk
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
SUBJECT:
I
ITEM NUMBER: 15
DATE: February 4, 1997
STAFF: Bob Blanchard
First Reading of Ordinance No. 23, 1997, Amending Section 29-43 of the Code of the City of Fort
Collins Regarding Comprehensive Rezonings.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading. The Planning and Zoning Board
considered this item at its January 27, 1997 meeting and recommended approval on consent with a
6-0 vote.
EXECUTIVE SUMMARY:
Section 29-43(d) of the Code 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 (12) 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), 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 (12) 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.