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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/21/2008 - SECOND READING OF ORDINANCE NO. 120, 2008, AMENDIN I ITEM NUMBER: 13 AGENDA ITEM SUMMARY DATE: October 21, 2008 FORT COLLINS CITY COUNCIL STAFF: Ted Shepard SUBJECT Second Reading of Ordinance No. 120, 2008, Amending Section 2.9.3(B) of the Land Use Code Modifying the Procedure for Initiating a Text Amendment. RECOMMENDATION Staff recommends adoption of this Ordinance on Second Reading. EXECUTIVE SUMMARY This Ordinance,unanimously adopted on First Reading on October 7, 2008, amends the procedure to initiate a text amendment to the Land Use Code. The amendment deletes the ability to propose a text amendment to the Land Use Code by any resident of the city, or any owner or person having an interest in land located within the municipal boundaries of the city. Residents and owners are not prohibited from proposing text amendments. Instead of a direct application, however, a request would be subject to established City Council policy which requires that proposed changes would need to be supported by the City Manager, the Leadership Team, or three Councilmembers. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary- October 7, 2008. (w/o original attachments) i ATTACHMENT i ITEM NUMBER: 15 AGENDA ITEM SUMMARY DATE: October 7, 2008 FORT COLLINS CITY COUNCIL FF: Ted Shepard s SUBJECT First Reading of Ordinance No. 120, 2008, Amending Section 2.9.3(B) of the Land Use Code Modifying the Procedure for Initiating a Text Amendment. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY There are two sub-sections toCB), 3. t, ), 'bes the procedure for amending the zoning map and the secon 'bes cedure amending the text. Presently, amending the text of the Land Use Code may be proposed by City Council,the Planning and Zoning Board,the Director, any resident of the city, or any owner or person having an interest in land located within the municipal boundaries of the city. The change would delete the ability to propose a text amendment to the Land Use Code by any resident of the city, or any owner or person having an interest in land located within the municipal boundaries of the city. Residents and owners are not prohibited from proposing text amendments. Instead of a direct application,however,a request would be subject to established City Council policy which requires that proposed changes would need to be supported by the City Manager, the Leadership Team, or three Councilmembers. BACKGROUND IL JL Amend Section 2.9.3(B)to remove the ability of residents of the City or owners of property of land in the City to propose a text amendment to the Land Use Code. Problem Statement A wide variety of parties have the ability to propose a text amendment to the Land Use Code. Presently,amending the text of the Land Use Code may be proposed by City Council,the Planning I October 7, 2008 -2- Item No. 15 and Zoning Board, the Director, any resident of the city, or any owner or person having an interest in land located within the municipal boundaries of the city. There is a concern that this section of the Land Use Code is inconsistent with City Council's established policy for how ch a e pp7osed. Under current policy, changes to the City Code can b ropo§ onlyfdp er,the Leadership Team, or three Councilmembers. This poll was tabli suant o Council Resolution 2003-117 (Attachment 2). Modifying Se ' 9. oign th o codes so that the amendment processes for both would be consistent. Proposed Solution Overview The change would delete the ability to propose a text amendment to the Land Use Code by any resident of the city, or any owner or person having an interest in land located within the municipal boundaries of the city. Residents and owners are not prohibited from proposing text amendments. Instead of a direct application,however, a request would be subject to established City Council policy which requires that proposed changes would need to be supported by the City Manager, the Leadership Team, or three Councilmembers. Code Change Section 2.9.3 COPY (B) Text Amendment. An amendment to the text of this Land Use Code may be proposed by the Eity Eonncil, the Planning and Zoning Board; or the Director., mny resident of the city, vi any ouvrier or person having an interest in 1wrd 10Cated within the municipal Planning and Zoning Board Recommendation At the September 18, 2008 regular meeting of the Planning and Zoning Board, it voted 4-2 to approve the proposed change to Section 2.9.3(B). ATTACHMENTS 1. Minutes from the SepCeadl 08 et g th 1 ing and Zoning Board, 2. Resolution 2003-117 d Re o Gui nes for Initiating and Developing Council Ordinances anti s. ORDINANCE NO. 120,2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2.9.3(B) OF THE LAND USE CODE MODIFYING THE PROCEDURE FOR INITIATING A TEXT AMENDMENT WHEREAS, Section 2.9.3(B)of the Land Use Code("LUC") states that text amendments may be proposed by the City Council, the Planning and Zoning Board, the Director,any resident of the City, or any owner or person having an ownership interest in land in the City; and WHEREAS, this LUC provision does not comport with the provisions of Resolution 2003- 117, which sets forth the procedure for initiating staff work on proposed new ordinances or resolutions of the City; and WHEREAS,City Council has determined that LUC Section 2.9.3(B)should be amended so as to state that text amendments may be proposed only by the Planning and Zoning Board or the Director, as that term "Director" is defined in the LUC; and WHEREAS, if this amendment is approved by the City Council, changes to the LUC may still be suggested by residents of the City or members of the City Council in the manner provided in Resolution 2003-117. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows that Section 2.9.3(B) of the Land Use Code is hereby amended to read as follows: (B) Test Amendment. An amendment to the text of this Land Use Code may be proposed by the Planning and Zoning Board or the Director. Introduced and considered favorably on first reading and ordered published this 7th day of October, A.D. 2008, and to be presented for final passage he 21st day of October, . 2008. Mayor ATTEST: _A Chief Deputy City Clerk Passed and adopted on final reading this 21 st day of October, A.D. 2008. Mayor ATTEST: City Clerk