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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 03/03/2020 - SECOND READING OF ORDINANCE NO. 040, 2020, RATIFYIAgenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY March 3, 2020 City Council STAFF Tom Leeson, Director, Comm Dev & Neighborhood Svrs Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 040, 2020, Ratifying City Plan and Its Components and Elements. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on February 18, 2020, ratifies by ordinance City Plan and its components and elements as previously adopted by resolution in order to clarify that City Plan and its components and elements may be utilized as binding standards when referenced in the Land Use Code. In 2019, Council adopted an updated version of City Plan to replace the version of City Plan adopted in 2011. The prior City Plan adopted in 2011 would be ratified solely for purposes of reviewing development applications submitted prior to the effective date of the current version of City Plan adopted in 2019. For all other purposes, the version of City Plan adopted in 2019 would be ratified. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, February 18, 2020 (PDF) 2. Ordinance No. 040, 2020 (PDF) Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY February 18, 2020 City Council STAFF Tom Leeson, Director, Comm Dev & Neighborhood Svrs Brad Yatabe, Legal SUBJECT First Reading of Ordinance No. 040, 2020, Ratifying City Plan and Its Components and Elements. EXECUTIVE SUMMARY The purpose of this item is to ratify by ordinance City Plan and its components and elements as previously adopted by resolution in order to clarify that City Plan and its components and elements may be utilized as binding standards when referenced in the Land Use Code. In 2019, Council adopted an updated version of City Plan to replace the version of City Plan adopted in 2011. The prior City Plan adopted in 2011 would be ratified solely for purposes of reviewing development applications submitted prior to the effective date of the current version of City Plan adopted in 2019. For all other purposes, the version of City Plan adopted in 2019 would be ratified. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 1996 and 1997, the City Council, through an extensive planning effort, created and adopted a new comprehensive master plan for the City known as City Plan that included, and continues to include, various additional components and elements such as the Master Street Plan and subarea plans. Since then, major updates to City Plan have occurred including in 2011 (“2011 City Plan”) by means of Resolution 2011-015, and in 2019 (“2019 City Plan”) by means of Resolution 2019-048. The Land Use Code refers to City Plan and its components and elements in several sections including Section 3.6.1, Master Street Plan, and Section 4.29(D), PUD Master Plan Review Procedure. When the City adopts binding standards, it routinely does so by means of an ordinance. In order to clarify that City Plan and its components and elements may be utilized as binding standards when referenced in the Land Use Code, Ordinance No. 040, 2020, would ratify City Plan as previously adopted. Although the 2011 City Plan has been replaced by the 2019 City Plan, 2011 City Plan may be applicable to development applications submitted prior to the effective date of the 2019 City Plan. Therefore, Ordinance No. 040, 2020, would ratify the 2011 City Plan and its components and elements for the sole purpose of assessing development applications received prior to the effective date of the 2019 City Plan. The Montava PUD Overlay is an example of a development application submitted prior to the effective date of the 2019 City Plan to which the 2011 City Plan was applied. In order to achieve compliance with the 2011 City Plan and its components and elements, the Montava PUD Master Plan required amendments to the Mountain Vista Subarea Plan, the Master Street Plan, and the Parks and Recreation Policy Plan (“Plans”). The amendments were adopted by means of Resolution 2020-004, 2020-005, and 2020-006, respectively. The ATTACHMENT 1 Agenda Item 13 Item # 13 Page 2 amended Plans are applicable to both the 2011 City Plan and the 2019 City Plan and Ordinance 040, 2020, ratifies the Plans for both versions of City Plan. -1- ORDINANCE NO. 040, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS RATIFYING CITY PLAN AND ITS COMPONENTS AND ELEMENTS WHEREAS, in 1996 and 1997, the City Council, through an extensive planning effort, created and adopted a new comprehensive master plan for the City known as "City Plan" that included, and continues to include, various additional components and elements such as the Master Street Plan and subarea plans; and WHEREAS, on February 15, 2011, City Council adopted Resolution 2011-015, adopting a major update to City Plan (the “2011 City Plan”); and WHEREAS, on April 16, 2019, City Council adopted Resolution 2019-048, adopting a major update of the 2011 City Plan (the “2019 City Plan”); and WHEREAS, the City Plan elements amended in Resolution 2020-004 regarding the Mountain Vista Subarea Plan, Resolution 2020-005 regarding the Master Street Plan, and Resolution 2020-006 regarding the Parks and Recreation Policy Plan were elements of the 2011 City Plan, and continue to be elements of the 2019 City Plan, as amended in said resolutions; and WHEREAS, the City of Fort Collins Land Use Code refers to City Plan and its components and elements in various sections; and WHEREAS, in order to clarify that City Plan and its components and elements may be utilized as binding standards when referenced in the City of Fort Collins Land Use Code, City Council desires to ratify by ordinance the previously adopted 2011 City Plan and 2019 City Plan and their respective components and elements; and WHEREAS, City Council finds that such ratification is in the best interests of the citizens of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby ratifies, as of the original date of their adoption (nunc pro tunc), the 2011 City Plan and each of its previously adopted components and elements, including but not limited to the City Plan elements adopted in Resolution 2020-004, Resolution 2020-005, and Resolution 2020-006 (collectively, the “Plans”), for the purpose of applying applicable portions of the 2011 City Plan and its components and elements to development applications submitted pursuant to the Fort Collins Land Use Code prior to the effective date of 2019 City Plan. -2- Section 3. That the City Council hereby ratifies, as of the original date of their adoption (nunc pro tunc), the previously adopted 2019 City Plan and each of its separately adopted components and elements, including, without limitation, the Plans, for the purpose of applying applicable portions of the 2019 City Plan and its components and elements to development applicants submitted pursuant to the Fort Collins Land Use Code after the effective date of the 2019 City Plan. Introduced, considered favorably on first reading, and ordered published this 18th day of February, A.D. 2020, and to be presented for final passage on the 3rd day of March, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of March, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk