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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/20/2005 - FIRST READING OF ORDINANCE NO. 108, 2005, AMENDING ITEM NUMBER: 14 AGENDA ITEM SUMMARY DATE: September 20, 2005 FORT COLLINS CITY COUNCIL STAFF: Peter Barnes SUBJECT First Reading of Ordinance No. 108, 2005, Amending the Fort Collins Land Use Code Regarding Annexation of Uses Not Legally Permitted. RECOMMENDATION Staff recommends adoption of this Ordinance on First Reading. EXECUTIVE SUMMARY City Council approved Ordinance No.070,2005 on July 5,2005. This ordinance enacted numerous Land Use Code amendments that were proposed as part of the Spring 2005 Biannual revisions. One of the amendments in the ordinance clarified the annexation regulations as they pertain to uses not legally permitted in the county. Specifically, the amendment established a maximum two year amortization period for uses not legally permitted that were knowingly allowed to continue by the County. Staff recommended the two year amortization period for uses not legally permitted as a fair and reasonable timeframe in which to allow the illegal use to be abated once the property is in the city. The amendment also contained a stipulation that if the illegal use is the subject of a County initiated zoning or nuisance enforcement action, then the amortization period would end within the time established as a result of the enforcement action or within two years, whichever occurs first. BACKGROUND PROBLEM STATEMENT. After additional review of this matter, staff has determined that the amortization timeframe should be amended again in order to address situations that might develop in the event that the change in jurisdiction from County to City could invalidate any compliance date that was established when the property was in the county. For instance, if a property that contains a use not legally permitted in the county is annexed into the city on December 1,2005,the current wording of the Code would require that the use cease within two years from the date of the annexation, or sooner if it is the subject of an enforcement action. In this hypothetical example,an enforcement action was initiated by the County that resulted in a court date of December 15, 2005, at which time the court may establish a deadline for correcting the violation. If the property is annexed on December 1st, the court may decide on December 15th, that the jurisdictional change has invalidated the complaint. September 20, 2005 -2- Item No. 14 If this happens,then the current wording of our code would allow the violator an extra two years to comply, even though the County did undertake an enforcement action that might have resulted in a compliance date well in advance of the two years. PROPOSED SOLUTION OVERVIEW. In order to close this"loophole",staff proposes that the last paragraph of Section 2.12.4 of the Land Use Code be amended by establishing a 90 day period in which the violation must be corrected in the event the court has dismissed the enforcement action due to lack of county jurisdiction. A provision to allow a 180 day extension is also proposed in the amendment which follows. 2.12.4 Annexation of Uses Not Legally Permitted In the event that a use which is not permitted by the county exists on any property that is included in an enclave annexation consisting of more than one (1) separately owned parcel, the above- described development process shall apply only if such property is placed in a zone district wherein such use is a permitted use. If a property which contains a use that is not permitted by the county is included in such multi-parcel enclave annexation, and such property is placed in a zone district that does not allow the use within the city, such illegal use must be discontinued within(A)two(2) years from the date of the second reading of the annexation ordinance, or (B) if such illegal use is the subject of a county initiated zoning or nuisance enforcement action, then within the time established by the court as a result of such enforcement action, or (C) if such illegal use is the subject of a zoning or nuisance complaint filed with the county and determined by the Director to be bona fide (but which has not become the subject of an enforcement action under(B) above, or if it has become the subject of an enforcement action, such action has been dismissed by the court for lack of county jurisdiction because the property has been annexed into the city),then ninety(90) days from the date of second reading of the annexation ordinance, whichever occurs first. With respect to the time limit established in(C)above,the Director may extend said time for an additional duration not to exceed one hundred eighty (180) days if necessary to prevent or mitigate undue hardship or manifest injustice. ORDINANCE NO. 108, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE FORT COLLINS LAND USE CODE REGARDING ANNEXATION OF USES NOT LEGALLY PERMITTED WHEREAS, on March 18, 1997, by Ordinance No. 51, 1997, the Council of the City of Fort Collins adopted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding of staff and Council that the Land Use Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS, the staff of the City and the Planning and Zoning Board have reviewed the Land Use Code and identified and explored an issue pertaining to the annexation of uses not legally permitted in the County and have made recommendations to the Council regarding this issue; and WHEREAS, the Council has determined that the Land Use Code amendment which has been proposed is in the best interest of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 2.12.4 of the Land Use Code is hereby amended as follows: 2.12.4 Annexation of Uses Not Legally Permitted In the event that a use which is not permitted by the county exists on any property that is included in an enclave annexation consisting of more than one (1) separately owned parcel, the above-described development process shall apply only if such property is placed in a zone district wherein such use is a permitted use. If a property which contains a use that is not permitted by the county is included in such multi-parcel enclave annexation, and such property is placed in a zone district that does not allow the use within the city, such illegal use must be discontinued within (A) two (2) years from the date of the second reading of the annexation ordinance, or (B) if such illegal use is the subject of a county initiated zoning or nuisance enforcement action, then within the time established by the court as a result of such enforcement action, or (C) if such illegal use is the subject of a zoning or nuisance complaint filed with the county and determined by the Director to be bona fide (but which has not become the subject of an enforcement action under (B) above, or if it has become the subject of an enforcement action, such action has been dismissed by the court for lack of county jurisdiction because the property has been annexed into the city), then ninety (90) days from the date of second reading of the annexation ordinance, whichever occurs first. With respect to the time limit established in (C) above, the Director may extend said time for an additional duration not to exceed one hundred eighty (180) days if necessary to prevent or mitigate undue hardship or manifest injustice. Introduced and considered favorably on first reading and ordered published this 20th day of September, A.D. 2005, and to be presented for final passage on the 4th day of October, A.D., 2005. Mayor ATTEST: City Clerk Passed and adopted on final reading this 4th day of October, A.D. 2005. Mayor ATTEST: City Clerk