HomeMy WebLinkAbout2021CV30425 - Save The Poudre And No Pipe Dream Coporation V. Northern Colorado Water Conservancy District, Northern Integrated Supply Project Water Activity Enterprise, The City Of Fort Collins - 016J - Exhibit 10Fort
Collins,
Colorado,
Land
Use
ARTICLE
2
ADMINISTRATION
Fort
Collins,
Colorado,
Land
Use
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ARTICLE
2
ADMINISTRATION
DIVISION
2.1
GENERAL
PROCEDURAL
REQUIREMENTS
2.1.1
Decision
Maker
and
Administrative
Bodies
The
City
Council,
Planning
and
Zoning
Board,
Zoning
Board
of
Appeals
and
Director
are
frequently
referenced
in
this
Land
Use
Code.
Reference
should
be
made
to
Chapter
2
of
the
City
Code
for
descriptions
of
these
and
other
decision
makers
and
administrative
bodies,
and
their
powers,
duties,
membership
qualifications
and
related
matters.
The
Director
or
the
Planning
and
Zoning
Board
will
consider,
review
and
decide
all
development
applications
for
permitted
uses
(overall
development
plans,
PUD
Overlays
640
acres
or
less,
basic
development
review
plans,
project
development
plans
and
final
plans)
according
to
the
provisions
of
this
Land
Use
Code.
For
those
development
applications
subject
to
basic
development
review,
the
Director
(or
the
Director's
subordinate)
is
the
designated
decision
maker.
For
those
development
applications
subject
to
administrative
review
(sometimes
referred
to
as
"Type
1
review"),
the
Director
is
the
designated
decision
maker
(see
Section
2.2.7(A)(1)).
For
those
development
applications
subject
to
P&Z
review
(sometimes
referred
to
as
"Type
2
review"),
the
Planning
and
Zoning
Board
is
the
designated
decision
maker
(see
Section
2.2.7(A)(2)).
For
PUD
Overlays
greater
than
640
acres,
the
City
Council
is
the
designated
decision
maker
after
receiving
a
Planning
and
Zoning
Board
recommendation.
The
permitted
use
list
for
a
particular
zone
district
and
the
development
review
procedure
"steps"
for
a
particular
development
application
identifies
which
review,
Type
1
or
Type
2,
will
apply.
For
building
permit
applications,
the
Building
and
Zoning
Director
is
the
decision
maker
(see
Section
2.7.3).
(See
"Overview
of
Development
Review
Procedures,"
Section
2.1.2,
below,
for
a
further
description
of
different
levels
of
review.)
(
Ord.
No.
175,
2014
§2,
12/16/14
;
Ord.
No.
063,
2018
,
§3,
6/5/18;
Ord.
No.
091,
2018
,
§3,
7/17/18;
Ord.
No.
161,
2020
,
§3,
1/5/21)
2.1.2
Overview
of
Development
Review
Procedures
This
article
establishes
the
development
review
procedures
for
different
types
of
development
applications
and
building
permits
within
the
city.
(A)
Where
is
the
project
located?
An
applicant
must
first
locate
the
proposed
project
on
the
Zoning
Map.
Once
the
proposed
project
has
been
located,
the
applicable
zone
district
must
be
identified
from
the
Zoning
Map
and
legend.
Then,
by
referring
to
Article
4,
District
Standards,
of
this
Land
Use
Code,
the
applicant
will
find
the
district
standards
which
apply
to
the
zone
district
in
which
the
proposed
project
is
located.
The
city's
staff
is
available
to
assist
applicants
in
this
regard.
(B)
What
uses
are
proposed?
Next,
an
applicant
must
identify
which
uses
will
be
included
in
the
proposed
project.
If
all
of
the
applicant's
proposed
uses
are
listed
as
permitted
uses
in
the
applicable
zone
district
for
the
project,
then
the
applicant
is
ready
to
proceed
with
a
development
application
for
a
permitted
use.
If
any
of
the
applicant's
proposed
uses
are
not
listed
as
permitted
uses
in
the
applicable
zone
district
for
the
project,
then
the
applicant
must
either
eliminate
the
nonpermitted
uses
from
his
or
her
proposal,
seek
the
addition
of
a
new
permitted
use
pursuant
to
Section
1.3.4,
seek
a
text
DATE FILED: August 31, 2021 10:40 AM
FILING ID: 631C0FDA58B55
CASE NUMBER: 2021CV30425
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amendment
to
this
Land
Use
Code
or
a
rezoning
amendment
to
the
Zoning
Map
pursuant
to
Division
2.9,
or
seek
approval
of
a
PUD
Overlay
pursuant
to
Divisions
2.15
and
4.29.
Any
use
not
listed
as
a
permitted
use
in
the
applicable
zone
district
is
deemed
a
prohibited
use
in
that
zone
district,
unless
it
has
been
permitted
pursuant
to
Section
1.3.4
for
a
particular
development
application
or
permitted
as
part
of
an
approved
PUD
Overlay.
Again,
the
city's
staff
will
be
available
to
assist
applicants
with
their
understanding
of
the
zone
districts
and
permitted
uses.
(C)
Which
type
of
development
application
should
be
submitted?
To
proceed
with
a
development
proposal
for
permitted
uses,
the
applicant
must
determine
what
type
of
development
application
should
be
selected
and
submitted.
All
development
proposals
which
include
only
permitted
uses
must
be
processed
and
approved
through
the
following
development
applications:
first
through
a
project
development
plan
(Division
2.4),
and
then
through
a
final
plan
(Division
2.5).
If
the
applicant
desires
to
develop
in
two
(2)
or
more
separate
project
development
plan
submittals,
an
overall
development
plan
(Division
2.3)
will
also
be
required
prior
to
or
concurrently
with
the
project
development
plan.
Overall
development
plans,
PUD
Overlays,
basic
development
reviews,
project
development
plans
and
final
plans
are
the
five
(5)
types
of
development
applications
for
permitted
uses.
Each
successive
development
application
for
a
development
proposal
must
build
upon
the
previously
approved
development
application,
as
needed,
by
providing
additional
details
(through
the
development
application
submittal
requirements)
and
by
meeting
additional
restrictions
and
standards
(contained
in
the
General
Development
Standards
of
Article
3
and
the
District
Standards
of
Article
4).
Overall
development
plans,
basic
development
reviews
and
project
development
plans
may
be
consolidated
into
one
(1)
application
for
concurrent
processing
and
review
when
appropriate
under
the
provisions
of
Section
2.2.3.
The
purpose,
applicability
and
interrelationship
of
these
types
of
development
applications
are
discussed
further
in
Section
2.1.3.
(D)
Who
reviews
the
development
application?
Once
an
applicant
has
determined
the
type
of
development
application
to
be
submitted,
he
or
she
must
determine
the
appropriate
level
of
development
review
required
for
the
development
application.
To
make
this
determination,
the
applicant
must
refer
to
the
provisions
of
the
applicable
zone
district
in
Article
4
and
the
provisions
pertaining
to
the
appropriate
development
application.
These
provisions
will
determine
whether
the
permitted
uses
and
the
development
application
are
subject
to
basic
development
review,
administrative
review
("Type
1
review"),
Planning
and
Zoning
Board
review
("Type
2
review"),
or
City
Council
review
in
the
case
of
PUD
Overlays
greater
than
640
acres.
Identification
of
the
required
level
of
development
review
will,
in
turn,
determine
which
decision
maker,
the
Director
in
the
case
of
administrative
review
("Type
1
review"),
or
the
Planning
and
Zoning
Board
in
the
case
of
Planning
and
Zoning
Board
review
("Type
2
review"),
or
the
City
Council
for
PUD
Overlays
greater
than
640
acres,
will
review
and
make
the
final
decision
on
the
development
application.
When
a
development
application
contains
both
Type
1
and
Type
2
uses,
it
will
be
processed
as
a
Type
2
review.
(E)
How
will
the
development
application
be
processed?
The
review
of
overall
development
plans,
PUD
Overlays,
project
development
plans
and
final
plans
will
each
generally
follow
the
same
procedural
"steps"
regardless
of
the
level
of
review
(administrative
review
or
Planning
and
Zoning
Board
review).
The
common
development
review
procedures
contained
in
Division
2.2
establish
a
twelve-‐step
process
equally
applicable
to
all
overall
development
plans,
project
development
plans
and
final
plans.
The
twelve
(12)
steps
of
the
common
development
review
procedures
are
the
same
for
each
type
of
development
application,
whether
subject
to
basic
development
review,
administrative
review,
Planning
and
Zoning
Board
review,
or
City
Council
review
in
the
case
of
PUD
Overlays
greater
than
640
acres
unless
an
exception
to
the
common
development
review
procedures
is
expressly
called
for
in
the
particular
development
application
requirements
of
this
Land
Use
Code.
In
other
words,
each
overall
development
plan,
each
project
development
plan
and
each
final
plan
will
be
subject
to
the
twelve-‐
step
common
procedure.
The
twelve
(12)
steps
include:
(1)
conceptual
review;
(2)
neighborhood
meeting;
(3)
development
application
submittal;
(4)
determination
of
sufficiency;
(5)
staff
report;
(6)
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notice;
(7)
public
hearing;
(8)
standards;
(9)
conditions
of
approval;
(10)
amendments;
(11)
lapse;
and
(12)
appeals.
However,
Step
1,
conceptual
review,
applies
only
to
the
initial
development
application
submittal
for
a
development
project
(i.e.,
overall
development
plan
or
PUD
Overlay
when
required,
or
project
development
plan
when
neither
an
overall
development
plan
nor
a
PUD
Overlay
is
required).
Subsequent
development
applications
for
the
same
development
project
are
not
subject
to
Step
1,
conceptual
review.
Moreover,
Step
2,
neighborhood
meeting,
applies
only
to
certain
development
applications
subject
to
Planning
and
Zoning
Board
and
City
Council
review.
Step
2,
neighborhood
meeting,
does
not
apply
to
development
applications
subject
to
basic
development
review
or
administrative
review.
Step
3,
application
submittal
requirements,
applies
to
all
development
applications.
Applicants
shall
submit
items
and
documents
in
accordance
with
a
master
list
of
submittal
requirements
as
established
by
the
City
Manager.
Overall
development
plans
must
comply
with
only
certain
identified
items
on
the
master
list,
while
PUD
Overlays,
project
development
plans,
and
final
plans
must
include
different
items
from
the
master
list.
This
master
list
is
intended
to
assure
consistency
among
submittals
by
using
a
"building
block"
approach,
with
each
successive
development
application
building
upon
the
previous
one
for
that
project.
City
staff
is
available
to
discuss
the
common
procedures
with
the
applicant.
(F)
What
if
the
development
proposal
doesn't
fit
into
one
of
the
types
of
development
applications
discussed
above?
In
addition
to
the
four
(4)
development
applications
for
permitted
uses,
the
applicant
may
seek
approval
for
other
types
of
development
applications,
including
development
applications
for
a
modification
of
standards
(Division
2.8),
an
amendment
to
the
text
of
the
Land
Use
Code
and/or
the
Zoning
Map
(Division
2.9),
a
hardship
variance
(Division
2.10),
an
appeal
of
an
administrative
decision
(Division
2.11)
or
other
requests.
These
other
types
of
development
applications
will
be
reviewed
according
to
applicable
steps
in
the
common
development
review
procedures.
(G)
Is
a
building
permit
required?
The
next
step
after
approval
of
a
final
plan
is
to
apply
for
a
Building
Permit.
Most
construction
requires
a
Building
Permit.
This
is
a
distinct
and
separate
process
from
a
development
application.
The
twelve
(12)
steps
of
the
common
development
review
procedures
must
be
followed
for
the
Building
Permit
process.
Procedures
and
requirements
for
submitting
a
Building
Permit
application
are
described
in
Division
2.7.
(H)
Is
it
permissible
to
talk
with
decision
makers
"off
the
record"
about
a
development
plan
prior
to
the
decision
makers'
formal
review
of
the
application?
No.
Development
plans
must
be
reviewed
and
approved
in
accordance
with
the
provisions
of
this
Land
Use
Code
and
the
City's
decision
whether
to
approve
or
deny
an
application
must
be
based
on
the
criteria
established
herein
and
on
the
information
provided
at
the
hearings
held
on
the
application.
In
order
to
afford
all
persons
who
may
be
affected
by
the
review
and
approval
of
a
development
plan
an
opportunity
to
respond
to
the
information
upon
which
decisions
regarding
the
plan
will
be
made,
and
in
order
to
preserve
the
impartiality
of
the
decision
makers,
decision
makers
who
intend
to
participate
in
the
decisions
should
avoid
communications
with
the
applicant
or
other
members
of
the
public
about
the
plan
prior
to
the
hearings
in
which
they
intend
to
participate.
(Ord.
No.
90,
1998,
5/19/98;
Ord.
No.
165,
1999
§§4-‐6,
11/16/99;
Ord.
No.
073,
2008
§2,
7/1/08;
Ord.
No.
120,
2011
§2,
9/20/2011;
Ord.
No.
059,
2017
,
§
5,
5/2/17;
Ord.
No.
091,
2018
,
§4,
7/17/18;
Ord.
No.
077,
2019
,
§2,
7/16/19)
2.1.3
Types
of
Development
Applications
(A)
Applicability.
All
development
proposals
which
include
only
permitted
uses
must
be
processed
and
approved
through
the
following
development
applications:
a
basic
development
review;
or
through
a
project
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development
plan
(Division
2.4),
then
through
a
final
plan
(Division
2.5),
then
through
a
development
construction
permit
(Division
2.6)
and
then
through
a
building
permit
review
(Division
2.7).
If
the
applicant
desires
to
develop
in
two
(2)
or
more
separate
project
development
plan
submittals,
an
overall
development
plan
(Division
2.3)
will
also
be
required
prior
to
or
concurrently
with
the
project
development
plan.
A
PUD
Master
Plan
associated
with
a
PUD
Overlay
may
be
substituted
for
an
overall
development
plan
(Divisions
2.15
and
4.29).
Each
successive
development
application
for
a
development
proposal
must
build
upon
the
previously
approved
development
application
by
providing
additional
details
(through
the
development
application
submittal
requirements)
and
by
meeting
additional
restrictions
and
standards
(contained
in
the
General
Development
Standards
of
Article
3
and
the
District
Standards
of
Article
4).
Permitted
uses
subject
to
administrative
review
or
permitted
uses
subject
to
Planning
and
Zoning
Board
review
listed
in
the
applicable
zone
district
set
forth
in
Article
4,
District
Standards,
shall
be
processed
through
an
overall
development
plan,
a
project
development
plan
or
a
final
plan.
If
any
use
not
listed
as
a
permitted
use
in
the
applicable
zone
district
is
included
in
a
development
application,
it
may
also
be
processed
as
an
overall
development
plan,
project
development
plan
or
final
plan,
if
such
proposed
use
has
been
approved,
or
is
concurrently
submitted
for
approval,
in
accordance
with
the
requirements
for
an
amendment
to
the
text
of
this
Land
Use
Code
and/or
the
Zoning
Map,
Division
2.9,
or
in
accordance
with
the
requirements
for
the
addition
of
a
permitted
use
under
Section
1.3.4.
Development
applications
for
permitted
uses
which
seek
to
modify
any
standards
contained
in
the
General
Development
Standards
in
Article
3,
or
the
District
Standards
in
Article
4,
shall
be
submitted
by
the
applicant
and
processed
as
a
modification
of
standards
under
Division
2.8.
Hardship
variances
to
standards
contained
in
Article
3,
General
Development
Standards,
or
Article
4,
District
Standards,
shall
be
processed
as
hardship
variances
by
the
Zoning
Board
of
Appeals
pursuant
to
Division
2.10.
Appeals
of
administrative/staff
decisions
shall
be
according
to
Division
2.11.
PUD
overlays
shall
be
processed
pursuant
to
Divisions
2.15,
4.29.
(B)
Overall
Development
Plan.
(1)
Purpose
and
Effect.
The
purpose
of
the
overall
development
plan
is
to
establish
general
planning
and
development
control
parameters
for
projects
that
will
be
developed
in
phases
with
multiple
submittals
while
allowing
sufficient
flexibility
to
permit
detailed
planning
in
subsequent
submittals.
Approval
of
an
overall
development
plan
does
not
establish
any
vested
right
to
develop
property
in
accordance
with
the
plan.
(2)
Applicability.
An
overall
development
plan
shall
be
required
for
any
property
which
is
intended
to
be
developed
over
time
in
two
(2)
or
more
separate
project
development
plan
submittals.
Refer
to
Division
2.3
for
specific
requirements
for
overall
development
plans.
(C)
Project
Development
Plan
and
Plat.
(1)
Purpose
and
Effect.
The
project
development
plan
shall
contain
a
general
description
of
the
uses
of
land,
the
layout
of
landscaping,
circulation,
architectural
elevations
and
buildings,
and
it
shall
include
the
project
development
plan
and
plat
(when
such
plat
is
required
pursuant
to
Section
3.3.1
of
this
Code).
Approval
of
a
project
development
plan
does
not
establish
any
vested
right
to
develop
property
in
accordance
with
the
plan.
(2)
Applicability.
Upon
completion
of
the
conceptual
review
meeting
and
after
the
Director
has
made
written
comments
and
after
a
neighborhood
meeting
has
been
held
(if
necessary),
an
application
for
project
development
plan
review
may
be
filed
with
the
Director.
If
the
project
is
to
be
developed
over
time
in
two
(2)
or
more
separate
project
development
plan
submittals,
an
overall
development
plan
shall
also
be
required.
Refer
to
Division
2.4
for
specific
requirements
for
project
development
plans.
(D)
Final
Plan
and
Plat.
(1)
Purpose
and
Effect.
The
final
plan
is
the
site
specific
development
plan
which
describes
and
establishes
the
type
and
intensity
of
use
for
a
specific
parcel
or
parcels
of
property.
The
final
plan
shall
include
the
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final
subdivision
plat
(when
such
plat
is
required
pursuant
to
Section
3.3.1
of
this
Code),
and
if
required
by
this
Code
or
otherwise
determined
by
the
Director
to
be
relevant
or
necessary,
the
plan
shall
also
include
the
development
agreement
and
utility
plan
and
shall
require
detailed
engineering
and
design
review
and
approval.
Building
permits
may
be
issued
by
the
Building
and
Zoning
Director
only
pursuant
to
an
approved
final
plan
or
other
site
specific
development
plan,
subject
to
the
provisions
of
Division
2.8.
(2)
Applicability.
Application
for
a
final
plan
may
be
made
only
after
approval
by
the
appropriate
decision
maker
(Director
for
Type
1
review,
or
Planning
and
Zoning
Board
for
Type
2
review)
of
a
project
development
plan,
unless
the
project
development
and
final
plans
have
been
consolidated
pursuant
to
Section
2.2.3(B).
An
approved
final
plan
shall
be
required
for
any
property
which
is
intended
to
be
developed.
No
development
shall
be
allowed
to
develop
or
otherwise
be
approved
or
permitted
without
an
approved
final
plan.
Refer
to
Division
2.5
for
specific
requirements
for
final
plans.
(E)
Site
Plan
Advisory
Review.
(1)
Purpose
and
Effect.
The
Site
Plan
Advisory
Review
process
requires
the
submittal
and
approval
of
a
site
development
plan
that
describes
the
location,
character
and
extent
of
improvements
to
parcels
owned
or
operated
by
public
entities.
In
addition,
with
respect
to
public
and
charter
schools,
the
review
also
has
as
its
purpose,
as
far
as
is
feasible,
that
the
proposed
school
facility
conforms
to
the
City's
Comprehensive
Plan.
(2)
Applicability.
A
Site
Plan
Advisory
Review
shall
be
applied
to
any
public
building
or
structure.
For
a
public
or
charter
school,
the
Planning
and
Zoning
Board
shall
review
a
complete
Site
Plan
Advisory
Review
application
within
thirty
(30)
days
(or
such
later
time
as
may
be
agreed
to
in
writing
by
the
applicant)
of
receipt
of
such
application
under
Section
22-‐32-‐124,
C.R.S.
For
Site
Plan
Advisory
Review
applications
under
Section
31-‐23-‐209,
C.R.S.,
such
applications
shall
be
reviewed
and
approved
or
disapproved
by
the
Planning
and
Zoning
Board
within
sixty
(60)
days
following
receipt
of
a
complete
application.
Enlargements
or
expansions
of
public
buildings,
structures,
schools
and
charter
schools
are
exempt
from
the
Site
Plan
Advisory
review
process
if:
(a)
The
change
results
in
a
size
increase
of
less
than
twenty-‐five
(25)
percent
of
the
existing
building,
structure
or
facility
being
enlarged,
whether
it
be
a
principal
or
accessory
use;
and
(b)
The
enlargement
or
expansion
does
not
change
the
character
of
the
building
or
facility.
Application
for
a
Site
Plan
Advisory
Review
is
subject
to
review
by
the
Planning
and
Zoning
Board
under
the
requirements
contained
in
Division
2.16
of
this
Code.
(F)
PUD
Overlay.
(1)
Purpose
and
Effect.
The
purpose
of
the
PUD
Overlay
is
to
provide
an
avenue
for
property
owners
with
larger
and
more
complex
development
projects
to
achieve
flexibility
in
site
design
by
means
of
customized
uses,
densities,
and
Land
Use
Code
and
non-‐Land
Use
Code
development
standards.
In
return
for
such
flexibility,
significant
public
benefits
not
available
through
traditional
development
procedures
must
be
provided
by
the
development.
A
PUD
Master
Plan
is
the
written
document
associated
with
a
PUD
Overlay
and
the
PUD
Master
Plan
sets
forth
the
general
development
plan
and
the
customized
uses,
densities,
and
Land
Use
Code
and
non-‐Land
Use
Code
development
standards.
An
approved
PUD
Overlay
overlays
the
PUD
Master
Plan
entitlements
and
restrictions
upon
the
underlying
zone
district
requirements.
(2)
Applicability.
A
PUD
Overlay
is
available
to
properties
or
collections
of
contiguous
properties
fifty
(50)
acres
or
greater
in
size.
Refer
to
Divisions
2.15
and
4.29
for
specific
requirements
and
review
of
PUD
Overlays
and
PUD
Master
Plans.
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(Ord.
No.
90,
1998,
5/19/98;
Ord.
No.
177,
1998
§4,
10/20/98;
Ord.
No.
165,
1999
§§7,
8,
11/16/99;
Ord.
No.
173,
2003
§§1,2,
12/16/03;
Ord.
No.
198,
2004
§1,
12/21/04;
Ord.
No.
086,
2014
,
§2,
7/1/14;
Ord.
No.
175,
2014
§3,
12/16/14
;
Ord.
No.
091,
2018
,
§2,
7/17/18)
2.1.4
Effect
of
Development
Application
Approval
(A)
Limitation
on
other
development.
In
the
event
that
a
property
has
obtained
development
approval
of
a
site
specific
development
plan,
such
property
may
not
thereafter
be
developed
in
any
other
fashion,
except
in
accordance
with
Division
1.5,
Nonconforming
Uses
and
Structures
or
1.6,
Existing
Limited
Permitted
Uses;
or
upon
the
occurrence
of
one
(1)
of
the
following
events:
(1)
The
right
to
develop
the
property
in
accordance
with
the
approved
plan
has
expired
pursuant
to
Division
2.2,
in
which
event
the
property
may
be
developed
according
to
such
other
development
application
as
may
be
subsequently
approved
by
the
appropriate
decision
maker
(the
Director
for
Type
1
review
and
the
Planning
and
Zoning
Board
for
Type
2
review);
(2)
The
owner
of
the
property
has
obtained
the
approval,
pursuant
to
subsections
2.2.10(B)
and
(C),
of
the
appropriate
decision
maker
to
abandon
the
right
to
develop
the
property
(or
any
portion
thereof)
in
accordance
with
the
approved
development
plan,
in
which
event
the
right
to
develop
other
than
as
the
previously
approved
development
plan
shall
apply
only
to
the
portion
of
the
property
which
is
no
longer
subject
to
the
development
plan;
(3)
The
owner
of
the
property
has
obtained
permission
from
the
appropriate
decision
maker
to
amend
the
approved
development
plan
in
accordance
with
Division
2.2,
in
which
event
the
property
shall
be
developed
according
to
the
amended
plan;
(4)
The
owner
of
the
property
has
obtained
the
approval
of
the
appropriate
decision
maker
to
redevelop
the
property
(or
any
portion
thereof)
in
some
manner
other
than
in
accordance
with
the
approved
development
plan
because
of
the
destruction
of
improvements
constructed
pursuant
to
the
approved
development
plan
by
reason
of
fire,
flood,
tornado
or
other
catastrophe,
in
which
event
the
property
shall
be
developed
according
to
the
plan
for
redevelopment
approved
by
the
appropriate
decision
maker.
(B)
Process.
Any
property
owner
seeking
to
obtain
the
approval
of
the
appropriate
decision
maker
pursuant
to
this
Section
shall
submit
an
application
complying
with
the
requirements
and
procedures
set
forth
in
Section
2.2.10
pertaining
to
amendments
and
abandonment.
(C)
Criteria.
In
considering
whether
to
approve
any
application
for
abandonment
pursuant
to
this
Section,
the
appropriate
decision
maker
shall
be
governed
by
the
following
criteria:
(1)
The
application
shall
not
be
approved
if,
in
so
approving,
any
portion
of
the
property
remains
developed
or
to
be
developed
in
accordance
with
the
previously
approved
development
plan
and,
because
of
the
abandonment,
such
remaining
parcel
of
property
would
no
longer
qualify
for
development
approval
pursuant
to
either
the
standards
and
requirements
of
the
most
current
version
of
this
Code
or,
if
such
remaining
parcel
of
property
was
not
reviewed
and
approved
under
this
Code,
then
the
standards
and
requirements
of
the
Transitional
Land
Use
Regulations
dated
August
1997,
on
file
in
the
office
of
the
City
Clerk
shall
apply.
(2)
The
application
shall
not
be
approved
if,
in
so
approving,
the
city's
rights
of
ownership
of,
or
practical
ability
to
utilize,
any
previously
dedicated
street,
easement,
right-‐of-‐way
or
other
public
area
or
public
property
would
be
denied
or
diminished
to
the
detriment
of
the
public
good.
(Ord.
No.
90,
1998,
5/19/98;
Ord.
No.
183,
2000
§2,
12/19/00;
Ord.
No.
107,
2001
§2,
6/19/01;
Ord.
No.
051,
2012
§3,
7/17/2012)
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2.1.5
Dedications
and
Vacations
(A)
By
the
Planning
and
Zoning
Board.
As
part
of
its
review
and
approval
of
a
specific
planning
item,
the
Planning
and
Zoning
Board
may
accept
the
dedication
of
streets,
easements
and
other
rights-‐of-‐way
shown
on
plats
and
deeds
for
such
item.
The
Board
may
also
vacate
easements
and
rights-‐of-‐way,
other
than
streets
and
alleys,
if
they
pertain
to
a
planning
item
subject
to
review
by
the
Board.
Such
acceptance
and/or
vacation
may
be
accomplished
either
by
resolution
or
by
notation
on
the
plat
for
the
item.
(B)
By
the
Director.
The
Director
may
also
accept
the
dedication
of
streets,
easements
and
other
rights-‐of-‐way
shown
on
the
plats
and
deeds
associated
with
a
specific
planning
item.
Such
authority
of
the
Director
shall
extend
to
planning
items
that
are
subject
to
review
and
approval
by
the
Board,
as
well
as
those
that
are
subject
to
administrative
review
and
approval,
and
shall
apply
to
both
on-‐site
and
off-‐site
streets,
easements
and
rights-‐of-‐way.
The
Director
may
also
vacate
easements
and
rights-‐of-‐way,
other
than
streets
and
alleys,
whether
they
pertain
to
a
planning
item
subject
to
review
by
the
Board
or
administrative
review.
Such
acceptance
and/or
vacation
may
be
accomplished
either
by
resolution
or
by
notation
on
the
plat
for
the
item.
(Ord.
No.
59,
2000
§3,
6/6/00;
Ord.
No.
091,
2004
§2,
6/15/04;
Ord.
No.
081,
2007
§2,
7/17/07)
2.1.6
Optional
Pre-‐Application
Review
(A)
Optional
City
Council
Pre-‐Application
Review
of
Complex
Development
Proposals:
A
potential
applicant
for
development
other
than
a
PUD
Overlay
may
request
that
the
City
Council
conduct
a
hearing
for
the
purpose
of
receiving
preliminary
comments
from
the
City
Council
regarding
the
overall
proposal
in
order
to
assist
the
proposed
applicant
in
determining
whether
to
file
a
development
application
or
annexation
petition.
Only
one
(1)
pre-‐application
hearing
pursuant
to
this
Subsection
(A)
may
be
requested.
The
following
criteria
must
be
satisfied
for
such
a
hearing
to
be
held:
(a)
The
proposed
development
cannot
have
begun
any
step
of
the
Common
Development
Review
Procedures
for
Development
Applications
set
forth
in
Article
2,
Division
2.2.
(b)
The
proposed
application
for
approval
of
a
development
plan
must
require
City
Council
approval
of
an
annexation
petition,
an
amendment
to
the
City's
Comprehensive
Plan,
or
some
other
kind
of
formal
action
by
the
City
Council,
other
than
a
possible
appeal
under
this
Land
Use
Code
(c)
The
City
Manager
must
determine
in
writing
that
the
proposed
development
will
have
a
community-‐wide
impact.
(B)
Optional
Pre-‐Application
PUD
Overlay
Proposal
Review:
This
optional
review
is
available
to
potential
PUD
applicants
that
have
not
begun
any
step
of
the
Common
Development
Review
Procedures
for
Development
Applications
set
forth
in
Article
2,
Division
2.2.
Such
review
is
intended
to
provide
an
opportunity
for
applicants
to
present
conceptual
information
to
the
Planning
and
Zoning
Board
for
PUD
Overlays
between
50
and
640
acres
in
size,
or
to
City
Council
for
PUD
Overlays
greater
than
640
acres
in
size,
regarding
the
proposed
development
including
how
site
constraints
will
be
addressed
and
issues
of
controversy
or
opportunities
related
to
the
development.
Applicants
participating
in
such
review
procedure
should
present
specific
plans
showing
how,
if
at
all,
they
intend
to
address
any
issues
raised
during
the
initial
comments
received
from
staff
and
affected
property
owners.
In
order
for
a
pre-‐application
hearing
to
be
held,
the
Director
must
determine
in
writing
that
the
proposed
PUD
will
have
a
community-‐wide
impact.
Only
one
(1)
pre-‐application
hearing
pursuant
to
this
Subsection
(B)
may
be
requested.
(C)
Notice
and
Hearing
Procedure.
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All
preapplication
hearings
under
above
Subsections
(A)
or
(B)
this
provision
will
be
held
in
accordance
with
the
provisions
contained
in
Steps
(6),
(7)(B)
and
(7)(C)
of
the
Common
Development
Review
Procedures,
except
that
the
signs
required
to
be
posted
under
Step
(6)(B)
shall
be
posted
subsequent
to
the
scheduling
of
the
session
and
not
less
than
fourteen
(14)
days
prior
to
the
date
of
the
hearing.
At
the
time
of
requesting
the
hearing,
the
applicant
must
advance
the
City's
estimated
costs
of
providing
notice
of
the
hearing.
Any
amounts
paid
that
exceed
actual
costs
will
be
refunded
to
the
applicant.
(D)
Input
Non-‐Binding,
Record.
The
Planning
and
Zoning
Board
or
City
Council
as
applicable
pursuant
to
above
Subsections
(A)
or
(B)
may,
but
shall
not
be
required
to,
comment
on
the
proposal.
Any
comment,
suggestion,
or
recommendation
made
by
any
Planning
and
Zoning
Board
or
City
Council
member
with
regard
to
the
proposal
does
not
bind
or
otherwise
obligate
any
City
decision
maker
to
any
course
of
conduct
or
decision
pertaining
to
the
proposal.
All
information
related
to
an
optional
review
shall
be
considered
part
of
the
record
of
any
subsequent
development
review
related
to
all
or
part
of
the
property
that
was
the
subject
of
the
optional
review.
(Ord.
No.
091,
2018
,
§6,
7/17/18)
DIVISION
2.2
COMMON
DEVELOPMENT
REVIEW
PROCEDURES
FOR
DEVELOPMENT
APPLICATIONS
Sections:
2.2.1
Step
1:
Conceptual
Review/Preliminary
Design
Review
(A)
Conceptual
Review:
(1)
Purpose.
Conceptual
review
is
an
opportunity
for
an
applicant
to
discuss
requirements,
standards
and
procedures
that
apply
to
his
or
her
development
proposal.
Major
problems
can
be
identified
and
solved
during
conceptual
review
before
a
formal
application
is
made.
Representatives
of
the
Department,
Poudre
Fire
Authority,
Police
Services,
Water
&
Wastewater
Utilities,
Electric
Utility,
Stormwater
Utility,
and
other
departments
as
appropriate,
and
special
districts
where
applicable.
(2)
Applicability.
A
conceptual
review
is
mandatory
for
all
overall
development
plans
and
for
project
development
plans
not
subject
to
an
overall
development
plan.
Conceptual
review
must
occur
at
least
one
(1)
day
prior
to
submittal
of
any
application
for
an
overall
development
plan
or
project
development
plan
which
is
not
subject
to
an
overall
development
plan.
The
conceptual
review
may
be
waived
by
the
Director
for
those
development
proposals
that,
in
his
or
her
opinion,
would
not
derive
substantial
benefit
from
such
review.
(3)
Concept
Plan
Submittal.
The
applicant
shall
bring
a
sketch
showing
the
location
of
the
proposed
project,
major
streets
and
other
significant
features
in
the
vicinity
to
the
Conceptual
Review
meeting.
(4)
Staff
Review
and
Recommendation.
Upon
receipt
of
a
concept
plan,
and
after
review
of
such
plan
with
the
applicant,
the
Director
shall
furnish
the
applicant
with
written
comments
regarding
such
plan,
including
appropriate
recommendations
to
inform
and
assist
the
applicant
prior
to
preparing
the
components
of
the
development
application.
(B)
Preliminary
Design
Review:
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(1)
Purpose.
Preliminary
design
review
is
an
opportunity
for
an
applicant
to
discuss
requirements,
standards,
procedures,
potential
modifications
of
standards
or
variances
that
may
be
necessary
for
a
project
and
to
generally
consider
in
greater
detail
the
development
proposal
design
which
has
been
evaluated
as
a
part
of
the
conceptual
review
process.
While
the
conceptual
review
process
is
a
general
consideration
of
the
development
proposal,
preliminary
design
review
is
a
consideration
of
the
development
proposal
in
greater
detail.
Problems
of
both
a
major
and
minor
nature
can
be
identified
and
solved
during
the
preliminary
design
review
before
a
formal
application
is
made.
Representatives
of
the
Department,
Poudre
Fire
Authority,
Police
Services,
Water
and
Wastewater
Utilities,
Electric
Utility,
Stormwater
Utility,
and
other
departments
as
appropriate,
and
special
districts
where
applicable.
Additionally,
other
public
or
quasi-‐public
agencies
which
may
be
impacted
by
the
development
project
are
invited
and
encouraged
to
attend
the
preliminary
design
review.
These
agencies
may
include
the
gas
utility,
water
and/or
wastewater
utility
districts,
ditch
companies,
railroads,
cable
television
service
providers
and
other
similar
agencies.
(2)
Applicability.
Although
a
preliminary
design
review
is
not
mandatory,
it
may
be
requested
by
the
applicant
for
any
development
proposal.
A
request
for
preliminary
design
review
may
be
made
in
an
informal
manner,
either
in
writing
or
orally,
but
must
be
accompanied
by
the
payment
of
the
application
fee
as
established
in
the
development
review
fee
schedule.
Preliminary
design
review,
if
requested
by
the
applicant,
must
occur
at
least
seven
(7)
days
prior
to
the
submittal
of
any
application
for
overall
development
plan
or
project
development
plan
which
is
not
subject
to
an
overall
development
plan.
(3)
Preliminary
Plan
Submittal.
In
conjunction
with
a
preliminary
design
review,
the
applicant
shall
submit
all
documents
required
for
such
review
as
established
in
the
development
application
submittal
requirements
master
list.
(4)
Staff
Review
and
Recommendation.
Upon
receipt
of
a
preliminary
development
proposal
for
review,
and
after
review
of
such
proposal
with
the
applicant,
the
Director
shall
furnish
the
applicant
with
written
comments
and
recommendations
regarding
such
proposal
in
order
to
inform
and
assist
the
applicant
prior
to
preparing
components
of
the
development
application.
In
conjunction
with
the
foregoing,
the
Director
shall
provide
the
applicant
with
a
"critical
issues
list"
which
will
identify
those
critical
issues
which
have
surfaced
in
the
preliminary
design
review
as
issues
which
must
be
resolved
during
the
review
process
of
the
formal
development
application.
The
critical
issues
list
will
provide
to
applicants
the
opinion
of
the
Director
regarding
the
development
proposal,
as
that
opinion
is
established
based
upon
the
facts
presented
during
conceptual
review
and
preliminary
design
review.
To
the
extent
that
there
is
a
misunderstanding
or
a
misrepresentation
of
facts,
the
opinion
of
the
Director
may
change
during
the
course
of
development
review.
The
positions
of
the
Director
that
are
taken
as
a
part
of
the
critical
issues
list
may
be
relied
upon
by
applicants,
but
only
insofar
as
those
positions
are
based
upon
clear
and
precise
facts
presented
in
writing,
either
graphically
or
textually
on
plans
or
other
submittals,
to
the
Director
during
the
course
of
preliminary
design
review.
(Ord.
No.
161,
2005
§1,
12/20/05;
Ord.
No.
005,
2007
§1,
2/6/07;
Ord.
No.
063,
2018
,
§4,
6/5/18))
2.2.2
Step
2:
Neighborhood
Meetings
(A)
Purpose.
In
order
to
facilitate
citizen
participation
early
in
the
development
review
process,
the
City
shall
require
a
neighborhood
meeting
between
citizens
of
area
neighborhoods,
applicants
and
the
Director
for
any
development
proposal
that
is
subject
to
P&Z
review
unless
the
Director
determines
that
the
development
proposal
would
not
have
significant
neighborhood
impact.
Citizens
are
urged
to
attend
and
actively
participate
in
these
meetings.
The
purpose
of
the
neighborhood
meeting
is
for
such
development
applications
to
be
presented
to
citizens
of
area
neighborhoods
and
for
the
citizens
to
identify,
list
and
discuss
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issues
related
to
the
development
proposal.
Working
jointly
with
staff
and
the
applicant,
citizens
help
seek
solutions
for
these
issues.
Neighborhood
meetings
are
held
during
the
conceptual
planning
stage
of
the
proposal
so
that
neighborhoods
may
give
input
on
the
proposal
before
time
and
effort
have
been
expended
by
the
applicant
to
submit
a
formal
development
application
to
the
City.
At
least
ten
(10)
calendar
days
shall
have
passed
between
the
date
of
the
neighborhood
meeting
and
the
submittal
to
the
City
of
the
application
for
development
approval
for
the
project
that
was
the
subject
of
the
neighborhood
meeting.
(B)
Applicability.
A
neighborhood
meeting
shall
be
required
on
any
development
proposal
that
is
subject
to
Planning
and
Zoning
Board
review
unless
the
Director
determines
as
a
part
of
the
staff
review
and
recommendation
required
pursuant
to
Section
2.2.1(A)(4)
that
the
development
proposal
would
not
have
significant
neighborhood
impacts.
(C)
Notice
of
Neighborhood
Meeting.
Notice
of
the
neighborhood
meeting
shall
be
given
in
accordance
with
Section
2.2.6(A),
(B)
and
(D).
(D)
Attendance
at
Neighborhood
Meeting.
If
a
neighborhood
meeting
is
required,
the
meeting
shall
be
held
prior
to
submittal
of
a
development
application
to
the
Director
for
approval
of
an
overall
development
plan
and/or
project
development
plan.
The
applicant
or
applicant's
representative
shall
attend
the
neighborhood
meeting.
The
Director
shall
be
responsible
for
scheduling
and
coordinating
the
neighborhood
meeting
and
shall
hold
the
meeting
in
the
vicinity
of
the
proposed
development.
(E)
Summary
of
Neighborhood
Meeting.
A
written
summary
of
the
neighborhood
meeting
shall
be
prepared
by
the
Director.
The
written
summary
shall
be
included
in
the
staff
report
provided
to
the
decision
maker
at
the
time
of
the
public
hearing
to
consider
the
proposed
development.
(Ord.
No.
091,
2004
§3,
6/15/04;
Ord.
No.
161,
2005
§2,
12/20/05;
Ord.
No.
120,
2011
§3,
9/20/2011)
2.2.3
Step
3:
Development
Application
Submittal
(A)
Development
Application
Forms.
All
development
applications
shall
be
in
a
form
established
by
the
Director
and
made
available
to
the
public.
(B)
Consolidated
Development
Applications
and
Review.
Development
applications
combining
an
overall
development
plan
and
a
project
development
plan
for
permitted
uses
for
the
same
development
proposal
may
be
consolidated
for
submittal
and
review,
in
the
discretion
of
the
Director,
depending
upon
the
complexity
of
the
proposal.
For
these
consolidated
applications,
the
applicant
shall
follow
the
project
development
plan
development
review
procedures.
Such
consolidated
applications
shall
be
reviewed,
considered
and
decided
by
the
highest
level
decision
maker
that
would
have
decided
the
development
proposal
under
Section
2.2.7
had
it
been
submitted,
processed
and
considered
as
separate
development
applications.
Decision
makers,
from
highest
level
to
lowest
level,
are
the
Planning
and
Zoning
Board
and
the
Director,
respectively.
(C)
Development
Application
Contents.
(1)
Development
Application
Submittal
Requirements
Master
List.
A
master
list
of
development
application
submittal
requirements
shall
be
established
by
the
Director.
The
master
list
shall,
at
a
minimum,
include
a
list
of
all
information,
data,
explanations,
analysis,
testing,
reports,
tables,
graphics,
maps,
documents,
forms
or
other
items
reasonably
necessary,
desirable
or
convenient
to
(1)
determine
whether
or
not
the
applicant,
developer
and/or
owner
have
the
requisite
power,
authority,
clear
title,
good
standing,
qualifications
and
ability
to
submit
and
carry
out
the
development
and/or
activities
requested
in
the
development
application;
and
(2)
determine
whether
or
not
the
development
activities
and
development
application
address
and
satisfy
each
and
every
applicable
general
development
standard,
district
standard
or
other
requirement
or
provisions
of
this
Land
Use
Code.
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(2)
Submittal
Requirement.
Each
development
application
shall
be
submitted
to
the
Director
and
shall
include
the
items
on
the
master
list
that
are
identified
as
submittal
requirements
for
that
development
application.
The
Director
may
waive
items
on
the
master
list
that
are
not
applicable
due
to
the
particular
conditions
and
circumstances
of
that
development
proposal.
(3)
Execution
of
Plats/Deeds;
Signature
Requirements.
All
final
plats
and/or
deeds
(for
conveyances
of
real
property
either
off
the
site
described
on
the
plat
or
at
a
time
or
in
a
manner
separate
from
the
plat),
submitted
to
the
City
shall:
(a)
be
signed
by
all
current
owners
of
any
recorded
fee
interest
in
the
surface
of
the
land
described
on
the
plat
(or
in
the
deed),
whether
full
or
defeasible
and
whether
solely
or
partially
owned.
(b)
be
signed
by
all
current
owners
of
any
equitable
interest
arising
out
of
a
contract
to
purchase
any
fee
interest
in
the
surface
of
the
land
described
on
the
plat
(or
in
the
deed),
whether
full
or
defeasible
and
whether
solely
or
partially
owned.
(c)
be
signed
by
all
current
record
owners
of
any
non-‐freehold
interest
arising
from
any
recorded
lease
of
the
surface
of
the
land
described
on
the
plat
(or
in
the
deed)
if
such
lease
has
a
remaining
term
of
six
(6)
years
following
approval
of
the
final
development
plan
by
the
decision
maker
or
if
such
lease
contains
any
right
of
extension
which,
if
exercised
by
the
tenant,
would
create
a
remaining
term
of
six
(6)
years
following
approval
of
the
final
development
plan
by
the
decision
maker.
(d)
be
signed
by
all
current
owners
of
any
recorded
mortgage,
deed
of
trust
or
other
lien,
financial
encumbrance
upon
or
security
interest
in
the
lands
described
on
the
plat
(or
deed)
which,
if
foreclosed
would
take,
injure,
diminish
or
weaken
the
city's
interest
in
any
land,
easement
or
right-‐of-‐way
which
is
dedicated
to
the
city
or
to
the
public
on
the
plat
(or
in
the
deed).
(e)
be
signed
by
all
current
owners
of
any
easement
or
right-‐of-‐way
in
the
lands
described
on
the
plat
(or
in
the
deed)
whether
on,
above
or
below
the
surface,
which
includes
rights
which
will
take,
injure,
diminish
or
weaken
the
city's
interest
in
any
land,
easement
or
right-‐of-‐way
which
is
dedicated
to
the
city
or
to
the
public
on
the
plat
(or
in
the
deed).
(f)
be
signed
by
an
attorney
licensed
to
practice
law
in
the
State
of
Colorado
certifying
to
the
city
that
all
signatures
as
required
pursuant
to
subparagraphs
(a)
through
(e)
above
have
lawfully
and
with
full
authority
been
placed
upon
the
plat
(or
in
the
deed).
Said
certification
may
be
limited
by
the
attorney
so
certifying
to
only
those
ownership
interests
that
are
of
record
or,
if
not
of
record,
are
either
actually
known
to
the
certifying
attorney
to
exist,
or
in
the
exercise
of
reasonable
diligence,
should
have
been
known
to
the
certifying
attorney
to
exist.
For
purposes
of
such
certification,
the
terms
"record,"
"recorded"
and
"of
record"
shall
mean
as
shown
by
documents
recorded
in
the
real
estate
records
in
the
Clerk
and
Recorder's
Office
of
Larimer
County,
Colorado
prior
to
the
date
of
certification.
(g)
contain
a
maintenance
guarantee,
a
repair
guarantee
and
a
certificate
of
dedication
signed
by
the
developer
and
the
owner
(as
described
in
subparagraph
(a)
above),
which
provide
a
two-‐year
maintenance
guarantee
and
five-‐year
repair
guarantee
covering
all
errors
or
omissions
in
the
design
and/or
construction.
The
specific
provisions
of
the
maintenance
guarantee,
repair
guarantee
and
certificate
of
dedication
shall
be
established
by
the
City
Engineer.
(h)
contain
the
legal
notarization
of
all
signatures
as
required
pursuant
to
subparagraphs
(a)
through
(e)
above
to
be
placed
upon
the
plat
(or
deed).
The
Director
may
waive
or
modify
the
requirements
of
subparagraphs
(b)
through
(e),
and
the
requirements
of
subparagraph
(g)
above
upon
a
clear
and
convincing
showing
by
the
applicant
that
such
waiver
or
modification
will
not
result
in
any
detriment
to
the
public
good,
including
without
limitation,
detriment
to
the
interest
of
the
public
in
the
real
property
conveyed
to
it
on
the
plat
(or
in
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the
deed);
and
will
not
result
in
any
harm
to
the
health,
safety
or
general
welfare
of
the
City
and
its
citizens.
(D)
Development
Review
Fees.
(1)
Recovery
of
Costs.
Development
review
fees
are
hereby
established
for
the
purpose
of
recovering
the
costs
incurred
by
the
City
in
processing,
reviewing
and
recording
applications
pertaining
to
development
applications
or
activity
within
the
municipal
boundaries
of
the
City,
and
issuing
permits
related
thereto.
The
development
review
fees
imposed
pursuant
to
this
Section
shall
be
paid
at
the
time
of
submittal
of
any
development
application,
or
at
the
time
of
issuance
of
the
permit,
as
determined
by
the
City
Manager
and
established
in
the
development
review
fee
schedule.
(2)
Development
Review
Fee
Schedule.
The
amount
of
the
City's
various
development
review
fees
shall
be
established
by
the
City
Manager,
and
shall
be
based
on
the
actual
expenses
incurred
by
or
on
behalf
of
the
City.
The
schedule
of
fees
shall
be
reviewed
annually
and
shall
be
adjusted,
if
necessary,
by
the
City
Manager
on
the
basis
of
actual
expenses
incurred
by
the
City
to
reflect
the
effects
of
inflation
and
other
changes
in
costs.
At
the
discretion
of
the
City
Manager,
the
schedule
may
be
referred
to
the
City
Council
for
adoption
by
resolution
or
ordinance.
(Ord.
No.
90,
1998,
5/19/98;
Ord.
No.
178,
1998
§3,
10/20/98;
Ord.
No.
19,
1999
§4,
2/16/99;
Ord.
No.
99,
1999
§1,
6/15/99;
Ord.
No.
165,
1999
§9,
11/16/99;
Ord.
No.
204,
2001
§3,
12/18/01;
Ord.
No.
037,
2013
§8,
3/19/13;
Ord.
No.
086,
2014
§3,
7/1/14;
Ord.
No.
175,
2014
§4,
12/16/14
;
Ord.
No.
148,
2017
,
§6,
11/21/17;
Ord.
No.
019,
2019
,
§
3,
2/19/19;
Ord.
No.
137,
2020
,
§7,
11/17/20)
2.2.4
Step
4:
Review
Of
Applications
(A)
Determination
of
Sufficiency.
After
receipt
of
the
development
application,
the
Director
shall
determine
whether
the
application
is
complete
and
ready
for
review.
The
determination
of
sufficiency
shall
not
be
based
upon
the
perceived
merits
of
the
development
proposal.
(B)
Processing
of
Incomplete
Applications.
Except
as
provided
below,
if
a
submittal
is
found
to
be
insufficient,
all
review
of
the
submittal
will
be
held
in
abeyance
until
the
Director
receives
the
necessary
material
to
determine
that
the
submittal
is
sufficient.
The
development
application
shall
not
be
reviewed
on
its
merits
by
the
decision
maker
until
it
is
determined
sufficient
by
the
Director.
Notwithstanding
the
foregoing,
if
an
application
has
been
determined
to
be
incomplete
because
the
information
provided
to
the
Director
shows
that
a
portion
of
the
property
to
be
developed
under
the
application
is
not
yet
under
the
ownership
and
control
of
the
applicant
or
developer,
the
Director
may
nonetheless
authorize
the
review
of
such
application
and
the
presentation
of
the
same
to
the
decision
maker,
as
long
as:
(1)
the
applicant,
at
the
time
of
application,
has
ownership
of,
or
the
legal
right
to
use
and
control,
the
majority
of
the
property
to
be
developed
under
the
application;
(2)
the
Director
determines
that
it
would
not
be
detrimental
to
the
public
interest
to
accept
the
application
for
review
and
consideration
by
the
decision
maker;
and
(3)
the
applicant
and
developer
enter
into
an
agreement
satisfactory
in
form
and
substance
to
the
City
Manager,
upon
consultation
with
the
City
Attorney,
which
provides
that:
(a)
until
such
time
as
the
applicant
has
acquired
full
ownership
and
control
of
all
property
to
be
developed
under
the
application,
neither
the
applicant
nor
the
developer
will
record,
or
cause
to
be
recorded,
in
the
office
of
the
Larimer
County
Clerk
and
Recorder
any
document
related
to
the
City's
review
and
approval
of
the
application;
and
(b)
the
applicant
will
indemnify
and
hold
harmless
the
City
and
its
officers,
agents
and
assigns
from
any
and
all
claims
that
may
be
asserted
against
them
by
any
third
party,
claiming
injury
or
loss
of
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60
any
kind
whatsoever
that
are
in
any
way
related
to,
or
arise
from,
the
City's
processing
of
the
application.
The
denial
of
an
incomplete
application
that
has
been
allowed
to
proceed
to
the
decision
maker
under
the
provisions
of
this
Section
shall
not
cause
a
post
denial
re-‐submittal
delay
under
the
provisions
of
Paragraph
2.2.11(D)(9)
for
property
that
was
not
owned
by
the
applicant
or
within
the
applicant's
legal
right
to
use
and
control
at
the
time
of
denial
of
the
application.
(Ord.
No.
149,
2012
§1,
12/18/12)
2.2.5
Step
5:
Staff
Report
Within
a
reasonable
time
after
determining
that
a
development
application
is
sufficient,
the
Director
shall
refer
the
development
application
to
the
appropriate
review
agencies,
review
the
development
application,
and
prepare
a
Staff
Report.
The
Staff
Report
shall
be
made
available
for
inspection
and
copying
by
the
applicant
and
the
public
prior
to
the
scheduled
public
hearing
on
the
development
application.
The
Staff
Report
shall
indicate
whether,
in
the
opinion
of
the
Staff,
the
development
application
complies
with
all
applicable
standards
of
this
Code.
Conditions
for
approval
may
also
be
recommended
to
eliminate
any
areas
of
noncompliance
or
mitigate
any
adverse
effects
of
the
development
proposal.
2.2.6
Step
6:
Notice
(A)
Mailed
Notice.
The
Director
shall
mail
written
notice
to
the
owners
of
record
of
all
real
property
within
eight
hundred
(800)
feet
(exclusive
of
public
rights-‐of-‐way,
public
facilities,
parks
or
public
open
space)
of
the
property
lines
of
the
parcel
of
land
for
which
the
development
is
planned.
Owners
of
record
shall
be
ascertained
according
to
the
records
of
the
Larimer
County
Assessor's
Office,
unless
more
current
information
is
made
available
in
writing
to
the
Director
prior
to
the
mailing
of
the
notices.
If
the
development
project
is
of
a
type
described
in
the
Supplemental
Notice
Requirements
of
subsection
2.2.6(D),
then
the
area
of
notification
shall
conform
to
the
expanded
notice
requirements
of
that
Section.
In
addition,
the
Director
may
further
expand
the
notification
area.
Formally
designated
representatives
of
bona
fide
neighborhood
groups
and
organizations
and
homeowners'
associations
within
the
area
of
notification
shall
also
receive
written
notice.
Such
written
notices
shall
be
mailed
at
least
fourteen
(14)
days
prior
to
the
public
hearing/meeting
date.
The
Director
shall
provide
the
applicant
with
a
map
delineating
the
required
area
of
notification,
which
area
may
be
extended
by
the
Director
to
the
nearest
streets
or
other
distinctive
physical
features
which
would
create
a
practical
and
rational
boundary
for
the
area
of
notification.
The
applicant
shall
pay
postage
and
handling
costs
as
established
in
the
development
review
schedule.
(B)
Posted
Notice.
The
real
property
proposed
to
be
developed
shall
also
be
posted
with
a
sign,
giving
notice
to
the
general
public
of
the
proposed
development.
For
parcels
of
land
exceeding
ten
(10)
acres
in
size,
two
(2)
signs
shall
be
posted.
The
size
of
the
sign(s)
required
to
be
posted
shall
be
as
established
in
the
Supplemental
Notice
Requirements
of
subsection
2.2.6(D).
Such
signs
shall
be
provided
by
the
Director
and
shall
be
posted
on
the
subject
property
in
a
manner
and
at
a
location
or
locations
reasonably
calculated
by
the
Director
to
afford
the
best
notice
to
the
public,
which
posting
shall
occur
within
fourteen
(14)
days
following
submittal
of
a
development
application
to
the
Director.
(C)
Published
Notice.
Notice
of
the
time,
date
and
place
of
the
public
hearing/
meeting
on
the
development
application
and
the
subject
matter
of
the
hearing
shall
be
published
in
a
newspaper
of
general
circulation
within
the
City
at
least
seven
(7)
days
prior
to
such
hearing/meeting.
(D)
Supplemental
Notice
Requirements.
Minimum
Notice
Radius
Sign
Size
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All
developments
except
as
described
below.
800
feet
12
square
feet
Developments
proposing
more
than
fifty
(50)
and
less
than
one
hundred
(100)
single-‐family
or
two-‐family
lots
or
dwelling
units.
800
feet
12
square
feet
Developments
proposing
more
than
twenty-‐
five
(25)
and
less
than
one
hundred
(100)
multi-‐family
dwelling
units.
800
feet
12
square
feet
Nonresidential
developments
containing
more
than
twenty-‐five
thousand
(25,000)
and
less
than
fifty
thousand
(50,000)
square
feet
of
floor
area.
800
feet
12
square
feet
Developments
proposing
one
hundred
(100)
or
more
single-‐family
or
two-‐family
lots
or
dwelling
units.
1,000
feet
12
square
feet
Developments
proposing
one
hundred
(100)
or
more
multi-‐family
dwelling
units.
1,000
feet
12
square
feet
Nonresidential
developments
containing
fifty
thousand
(50,000)
or
more
square
feet
of
floor
area.
1,000
feet
12
square
feet
Nonresidential
developments
which
propose
land
uses
or
activities
which,
in
the
judgment
of
the
Director,
create
community
or
regional
impacts.
1,000
feet;
plus,
with
respect
to
neighborhood
meetings,
publication
of
a
notice
not
less
than
seven
(7)
days
prior
to
the
meeting
in
a
newspaper
of
general
circulation
in
the
City.
12
square
feet
Off-‐site
construction
staging
500
feet
12
square
feet
Zonings
and
rezonings
of
forty
(40)
acres
or
less.
800
feet
12
square
feet
Zonings
and
rezonings
of
more
than
forty
(40)
acres.
1,000
feet
12
square
feet
(E)
The
following
shall
not
affect
the
validity
of
any
hearing,
meeting
or
determination
by
the
decision
maker:
(1)
The
fact
that
written
notice
was
not
mailed
as
required
under
the
provision
of
this
Section.
(2)
The
fact
that
written
notice,
mailed
as
required
under
the
provision
of
this
Section,
was
not
actually
received
by
one
(1)
or
more
of
the
intended
recipients.
(3)
The
fact
that
signage,
posted
in
compliance
with
the
provision
of
this
Section,
was
subsequently
damaged,
stolen
or
removed
either
by
natural
causes
or
by
persons
other
than
the
person
responsible
for
posting
such
signage
or
his
or
her
agents.
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(Ord.
No.
204,
2001
§§4,
5,
12/18/01;
Ord.
No.
104,
2006
§§1,
2,
7/18/06;
Ord.
No.
068,
2010
§2,
7/6/10;
Ord.
No.
051,
2012
§4,
7/17/12;
Ord.
No.
086,
2014
§§4,
5,
7/1/14;
Ord.
No.
129,
2017
,
§
2,
10/3/17)
2.2.7
Step
7:
Public
Hearing
(A)
Decision
maker.
(1)
Administrative
Review
(Type
1
review).
An
administrative
review
process
is
hereby
established
wherein
certain
development
applications
shall
be
processed,
reviewed,
considered
and
approved,
approved
with
conditions,
or
denied
by
the
Director
pursuant
to
the
general
procedural
requirements
contained
in
Division
2.1,
and
the
common
development
review
procedures
contained
in
Division
2.2.
For
those
development
applications
that
are
subject
to
administrative
review,
the
Director
shall
be
the
designated
decision
maker.
(2)
Planning
and
Zoning
Board
Review
(Type
2
review).
A
Planning
and
Zoning
Board
review
process
is
hereby
established
wherein
certain
development
applications
shall
be
processed,
reviewed,
considered
and
approved,
approved
with
conditions,
or
denied
by
the
Planning
and
Zoning
Board
pursuant
to
the
general
procedural
requirements
contained
in
Division
2.1,
and
the
common
development
review
procedures
contained
in
Division
2.2.
For
those
development
applications
that
are
subject
to
Planning
and
Zoning
Board
review,
the
Planning
and
Zoning
Board
shall
be
the
designated
decision
maker.
(B)
Conduct
of
Public
Hearing.
(1)
Rights
of
All
Persons.
Any
person
may
appear
at
a
public
hearing
and
submit
evidence,
either
individually
or
as
a
representative
of
a
person
or
an
organization.
Each
person
who
appears
at
a
public
hearing
shall
state
his
or
her
name,
address
and,
if
appearing
on
behalf
of
a
person
or
organization,
the
name
and
mailing
address
of
the
person
or
organization
being
represented.
(2)
Exclusion
of
Testimony.
The
decision
maker
conducting
the
public
hearing
may
exclude
testimony
or
evidence
that
it
finds
to
be
irrelevant,
immaterial
or
unduly
repetitious.
(3)
Continuance
of
Public
Hearing.
The
decision
maker
conducting
the
public
hearing
may,
on
its
own
motion
or
at
the
request
of
any
person,
continue
the
public
hearing
to
a
fixed
date,
time
and
place.
All
continuances
shall
be
granted
at
the
discretion
of
the
body
conducting
the
public
hearing.
(C)
Order
of
Proceedings
at
Public
Hearing.
The
order
of
the
proceedings
at
the
public
hearing
shall
be
as
follows:
(1)
Director
Overview.
The
Director
shall
provide
an
overview
of
the
development
application.
(2)
Applicant
Presentation.
The
applicant
may
present
information
in
support
of
its
application,
subject
to
the
determination
of
the
Chair
as
to
relevance.
Copies
of
all
writings
or
other
exhibits
that
the
applicant
wishes
the
decision
maker
to
consider
must
be
submitted
to
the
Director
no
less
than
five
(5)
working
days
before
the
public
hearing.
(3)
Staff
Report
Presented.
The
Director
shall
present
a
narrative
and/or
graphic
description
of
the
development
application,
as
well
as
a
staff
report
that
includes
a
written
recommendation.
This
recommendation
shall
address
each
standard
required
to
be
considered
by
this
Code
prior
to
approval
of
the
development
application.
(4)
Staff
Response
to
Applicant
Presentation.
The
Director,
the
City
Attorney
and
any
other
City
staff
member
may
respond
to
any
statement
made
or
evidence
presented
by
the
applicant.
(5)
Public
Testimony.
Members
of
the
public
may
comment
on
the
application
and
present
evidence,
subject
to
the
determination
of
the
Chair
as
to
relevance.
(6)
Applicant
Response.
The
applicant
may
respond
to
any
testimony
or
evidence
presented
by
the
public.
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(7)
Staff
Response
to
Public
Testimony
or
Applicant
Response.
The
Director,
the
City
Attorney
and
any
other
City
staff
member
may
respond
to
any
statement
made
or
evidence
presented
by
the
public
testimony
or
by
the
applicant's
response
to
any
such
public
testimony.
(D)
Decision
and
Findings.
(1)
Decision
—
Administrative
Review
(Type
1
review).
After
consideration
of
the
development
application,
the
Staff
Report
and
the
evidence
from
the
public
hearing,
the
Director
shall
close
the
public
hearing.
Within
ten
(10)
working
days
following
the
public
hearing,
the
Director
shall
issue
a
written
decision
to
approve,
approve
with
conditions,
or
deny
the
development
application
based
on
its
compliance
with
the
Standards
referenced
in
Step
8
of
the
Common
Development
Review
Procedures
(Section
2.2.8).
The
written
decision
shall
be
mailed
to
the
applicant
and
any
person
who
provided
testimony
at
the
public
hearing.
(2)
Decision
—
Planning
and
Zoning
Board
Review
(Type
2
review).
After
consideration
of
the
development
application,
the
Staff
Report
and
the
evidence
from
the
public
hearing,
the
Chair
of
the
Planning
and
Zoning
Board
shall
close
the
public
hearing
and
the
Board
shall
approve,
approve
with
conditions,
or
deny
the
development
application
based
on
its
compliance
with
the
Standards
referenced
in
Step
8
of
the
Common
Development
Review
Procedures
(Section
2.2.8).
(3)
Findings.
All
decisions
shall
include
at
least
the
following
elements:
(a)
A
clear
statement
of
approval,
approval
with
conditions,
or
denial,
whichever
is
appropriate.
(b)
A
clear
statement
of
the
basis
upon
which
the
decision
was
made,
including
specific
findings
of
fact
with
specific
reference
to
the
relevant
standards
set
forth
in
this
Code.
(E)
Notification
to
Applicant.
Notification
of
the
decision
maker's
decision
shall
be
provided
by
the
Director
to
the
applicant
by
mail
within
three
(3)
days
after
the
decision.
A
copy
of
the
decision
shall
also
be
made
available
to
the
public
at
the
offices
of
the
Director,
during
normal
business
hours,
within
three
(3)
days
after
the
decision.
(F)
Record
of
Proceedings.
(1)
Recording
of
Public
Hearing.
The
decision
maker
conducting
the
public
hearing
shall
record
the
public
hearing
by
any
appropriate
means.
A
copy
of
the
public
hearing
record
may
be
acquired
by
any
person
upon
application
to
the
Director,
and
payment
of
a
fee
to
cover
the
cost
of
duplication
of
the
record.
(2)
The
Record.
The
record
shall
consist
of
the
following:
(a)
all
exhibits,
including,
without
limitation,
all
writings,
drawings,
maps,
charts,
graphs,
photographs
and
other
tangible
items
received
or
viewed
by
the
decision
maker
at
the
proceedings;
(b)
all
minutes
of
the
proceedings;
(c)
if
appealed
to
the
City
Council,
a
verbatim
transcript
of
the
proceedings
before
the
decision
maker.
The
cost
of
the
transcript
shall
be
borne
by
the
City.
(d)
if
available,
a
videotape
recording
of
the
proceedings
before
the
decision
maker.
(G)
Recording
of
Decisions
and
Plats.
(1)
Filing
with
City
Clerk.
Once
approved,
and
after
the
appeal
period
has
expired
(if
applicable),
the
decision
of
the
decision
maker
shall
be
filed
with
the
City
Clerk.
(2)
Final
Plats
and
Development
Agreements
Recorded
with
County
Clerk
and
Recorder.
Once
the
final
utility
plans,
final
plat
and
all
other
applicable
Final
Development
Plan
Documents
are
approved
and
the
development
agreement
has
been
executed,
the
final
plan
has
been
approved,
and
any
applicable
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conditions
of
final
plan
approval
have
been
met,
and
after
the
appeal
period
has
expired,
the
final
plat
and
Development
Agreement
shall
be
recorded
by
the
City
in
the
Office
of
the
Larimer
County
Clerk
and
Recorder
and
shall
be
filed
with
the
City
Clerk.
The
date
that
the
recording
with
the
Larimer
County
Clerk
and
Recorder
of
both
the
Final
Plat
and
the
Development
Agreement
is
accomplished
by
the
City
shall
establish
the
date
of
approval
under
Section
2.2.11(D)((1)
of
this
Land
Use
Code.
(Ord.
No.
59,
2000
§4,
6/6/00;
Ord.
No.
070,
2005
§1,
7/5/05;
Ord.
No.
120,
2011
§4,
9/20/2011;
Ord.
No.
092,
2013
§2,
7/16/13;
Ord.
No.
175,
2014
§5,
12/16/14
)
2.2.8
Step
8:
Standards
To
approve
a
development
application,
the
decision
maker
must
first
determine
and
find
that
the
development
application
has
satisfied
and
followed
the
applicable
requirements
of
this
Article
2
and
complies
with
all
of
the
standards
required
for
the
applicable
development
application
(see
Step
8:
"Standards"
referenced
in
Divisions
2.3
through
2.11),
as
modified
by
any
modification
of
standards
approved
under
Section
2.8.
(Ord. No.
177,
1998
§4,
10/20/98)
2.2.9
Step
9:
Conditions
of
Approval
The
decision
maker
may
impose
such
conditions
on
approval
of
the
development
application
as
are
necessary
to
accomplish
the
purposes
and
intent
of
this
Code,
or
such
conditions
that
have
a
reasonable
nexus
to
potential
impacts
of
the
proposed
development,
and
that
are
roughly
proportional,
both
in
nature
and
extent,
to
the
impacts
of
the
proposed
development.
2.2.10
Step
10:
Amendments
and
Changes
of
Use
(A)
Minor
Amendments
and
Changes
of
Use.
(1)
Minor
amendments
to
any
approved
development
plan,
including
any
Overall
Development
Plan,
Project
Development
Plan,
or
PUD
Master
Plan,
any
site
specific
development
plan,
or
the
existing
condition
of
a
platted
property;
and
(2)
Changes
of
use,
either
of
which
meet
the
applicable
criteria
of
below
subsections
2.2.10(A)(1)
or
2.2.10(A)(2),
may
be
approved,
approved
with
conditions,
or
denied
administratively
by
the
Director
and
may
be
authorized
without
additional
public
hearings.
With
the
exception
of
PUD
Master
Plans,
such
minor
amendments
and
changes
of
use
may
be
authorized
by
the
Director
as
long
as
the
development
plan,
as
so
amended,
continues
to
comply
with
the
standards
of
this
Code
to
the
extent
reasonably
feasible.
PUD
Master
Plan
Minor
amendments
may
be
authorized
by
the
Director
as
long
as
the
PUD
Master
Plan,
as
so
amended,
continues
to
comply
with
the
standards
of
this
Code,
as
such
standards
may
have
been
modified
in
the
existing
PUD
Master
Plan,
and
so
long
as
the
amendments
are
consistent
with
the
existing
PUD
Master
Plan.
Minor
amendments
and
changes
of
use
shall
only
consist
of
any
or
all
of
the
following:
(1)
Any
change
to
any
approved
development
plan
or
any
site
specific
development
plan
which
was
originally
subject
only
to
administrative
review
and
was
approved
by
the
Director,
or
any
change
of
use
of
any
property
that
was
developed
pursuant
to
a
basic
development
review
or
a
use-‐by-‐right
review
under
prior
law;
provided
that
such
change
would
not
have
disqualified
the
original
plan
from
administrative
review
had
it
been
requested
at
that
time;
and
provided
that
the
change
or
change
of
use
complies
with
all
of
the
following
criteria
applicable
to
the
particular
request
for
change
or
change
of
use:
(a)
Results
in
an
increase
by
one
(1)
percent
or
less
in
the
approved
number
of
dwelling
units,
except
that
in
the
case
of
a
change
of
use
of
any
property
that
was
developed
pursuant
to
a
basic
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development
review
or
use-‐by-‐right
review
under
prior
law,
the
number
of
dwelling
units
proposed
to
be
added
may
be
four
(4)
units
or
less;
(b)
Results
in
an
increase
or
decrease
in
the
amount
of
square
footage
of
a
nonresidential
land
use
or
structure
that
does
not
change
the
character
of
the
project;
(c)
Results
in
a
change
in
the
housing
mix
or
use
mix
ratio
that
complies
with
the
requirements
of
the
zone
district
and
does
not
change
the
character
of
the
project;
(d)
Does
not
result
in
a
change
in
the
character
of
the
development;
(e)
Does
not
result
in
new
buildings,
building
additions
or
site
improvements,
such
as
parking
lots
and
landscaping,
that
are
proposed
to
be
located
outside
the
boundaries
of
the
approved
Project
Development
Plan
or
approved
site
specific
development
plan;
(f)
Results
in
a
decrease
in
the
number
of
approved
dwelling
units
and
does
not
change
the
character
of
the
project,
and
that
the
plan
as
amended
continues
to
comply
with
the
requirements
of
this
Code;
and
(g)
In
the
case
of
a
change
of
use,
the
change
of
use
results
in
the
site
being
brought
into
compliance,
to
the
extent
reasonably
feasible
as
such
extent
may
be
modified
pursuant
to
below
subsection
2.2.10(A)(3),
with
the
applicable
general
development
standards
contained
in
Article
3
and
the
applicable
district
standards
contained
in
Article
4
of
this
Code.
(2)
Any
change
to
any
approved
development
plan
or
any
site
specific
development
plan
which
was
originally
subject
to
review
by
the
Planning
and
Zoning
Board
(either
as
a
Type
2
project
or
as
a
project
reviewed
by
the
Planning
and
Zoning
Board
under
prior
law)
or
City
Council
review
of
a
PUD
Overlay,
or
any
change
of
use
of
any
property
that
was
approved
by
the
Planning
and
Zoning
Board;
provided
that
the
change
or
change
of
use
complies
with
all
of
the
following
criteria
applicable
to
the
particular
request
for
change
or
change
of
use:
(a)
Results
in
an
increase
or
decrease
by
one
(1)
percent
or
less
in
the
approved
number
of
dwelling
units;
(b)
Results
in
an
increase
or
decrease
in
the
amount
of
square
footage
of
a
nonresidential
land
use
or
structure
that
does
not
change
the
character
of
the
project;
(c)
Results
in
a
change
in
the
housing
mix
or
use
mix
ratio
that
complies
with
the
requirements
of
the
zone
district
and
does
not
change
the
character
of
the
project;
(d)
Does
not
result
in
a
change
in
the
character
of
the
development;
and
(e)
Does
not
result
in
new
buildings,
building
additions
or
site
improvements,
such
as
parking
lots
and
landscaping,
that
are
proposed
to
be
located
outside
the
boundaries
of
the
approved
Project
Development
Plan
or
approved
site
specific
development
plan.
(3)
Waiver
of
Development
Standards
for
Changes
of
Use.
(a)
Applicability.
The
procedure
and
standards
contained
in
this
Section
shall
apply
only
to
changes
of
use
reviewed
pursuant
to
Section
2.2.10(A)
of
this
Code.
(b)
Purpose.
In
order
for
a
change
of
use
to
be
granted
pursuant
to
Section
2.2.10(A),
the
change
of
use
must
result
in
the
site
being
brought
into
compliance
with
all
applicable
general
development
and
zone
district
standards
to
the
extent
reasonably
feasible.
The
purpose
of
this
Section
is
to
allow
certain
changes
of
use
that
do
not
comply
with
all
general
development
standards
to
the
extent
reasonably
feasible
to
be
granted
pursuant
to
Section
2.2.10(A)
in
order
to:
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1.
Foster
the
economic
feasibility
for
the
use,
maintenance
and
improvement
of
certain
legally
constructed
buildings
and
sites
which
do
not
comply
with
certain
Land
Use
Code
General
Development
Standards
provided
that:
a.
Existing
blight
conditions
have
been
ameliorated;
and
b.
Public
and
private
improvements
are
made
that
address
essential
health
and
life
safety
issues
that
are
present
on-‐site.
2.
Encourage
the
eventual
upgrading
of
nonconforming
buildings,
uses
and
sites.
(c)
Review
by
Director.
As
part
of
the
review
conducted
pursuant
to
Section
2.2.10(A)
for
a
proposed
change
of
use,
the
Director
may
waive,
or
waive
with
conditions,
any
of
the
development
standards
set
forth
in
subsection
(d)
below.
In
order
for
the
Director
to
waive,
or
waive
with
conditions,
any
such
development
standard,
the
Director
must
find
that
such
waiver
or
waiver
with
conditions
would
not
be
detrimental
to
the
public
good
and
that
each
of
the
following
is
satisfied:
1.
The
site
for
which
the
waiver
or
waiver
with
conditions
is
granted
satisfies
the
policies
of
the
applicable
Council
adopted
subarea,
corridor
or
neighborhood
plan
within
which
the
site
is
located;
2.
The
proposed
use
will
function
without
significant
adverse
impact
upon
adjacent
properties
and
the
district
within
which
it
is
located
in
consideration
of
the
waiver
or
waiver
with
conditions;
3.
Existing
blight
conditions
on
the
site
are
addressed
through
site
clean-‐up,
maintenance,
screening,
landscaping
or
some
combination
thereof;
and
4.
The
site
design
addresses
essential
health
and
public
safety
concerns
found
on
the
site.
(d)
Eligible
Development
Standards.
The
Director
may
grant
a
waiver
or
waiver
with
conditions
for
the
following
general
development
standards:
1.
Sections
3.2.1(4),
(5)
and
(6)
related
to
Parking
Lot
Perimeter
and
Interior
Landscaping,
and
connecting
walkways.
2.
Section
3.2.2(M)
Landscaping
Coverage.
3.
Section
3.2.4
Site
Lighting,
except
compliance
with
minimum
footcandle
levels
described
in
3.2.4(C).
4.
Section
3.2.5
Trash
and
Recycling
Enclosure
design.
5.
Section
3.3.5
Engineering
Design
standards
related
to
water
quality
standard,
including
Low
Impact
Development.
(4)
Referral.
In
either
subsection
(1)
or
(2)
above,
the
Director
may
refer
the
amendment
or
change
of
use
to
the
decision
maker
who
approved
the
development
plan
proposed
to
be
amended.
The
referral
of
minor
amendments
to
development
plans
or
changes
of
use
allowed
or
approved
under
the
laws
of
the
City
for
the
development
of
land
prior
to
the
adoption
of
this
Code
shall
be
processed
as
required
for
the
land
use
or
uses
proposed
for
the
amendment
or
change
of
use
as
set
forth
in
Article
4
(i.e.,
Type
1
review
or
Type
2
review)
for
the
zone
district
in
which
the
land
is
located.
The
referral
of
minor
amendments
or
changes
of
use
to
project
development
plans
or
final
plans
approved
under
this
Code
shall
be
reviewed
and
processed
in
the
same
manner
as
required
for
the
original
development
plan
for
which
the
amendment
or
change
of
use
is
sought,
and,
if
so
referred,
the
decision
maker's
decision
shall
constitute
a
final
decision,
subject
only
to
appeal
as
provided
for
development
plans
under
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Division
2.3,
2.4,
2.5,
or
2.15
as
applicable,
for
the
minor
amendment
or
change
of
use.
City
Council
approval
of
a
minor
amendment
to
a
PUD
Master
Plan
shall
be
by
resolution.
(5)
Appeals.
Appeals
of
the
decision
of
the
Director
regarding
the
approval,
approval
with
conditions
or
denial
of,
a
change
of
use,
or
a
minor
amendment
of
any
approved
development
plan,
site
specific
development
plan,
or
the
existing
condition
of
a
platted
property,
shall
be
to
the
Planning
and
Zoning
Board.
Any
such
appeal
shall
be
taken
by
filing
a
notice
of
appeal
of
the
final
decision
with
the
Director
within
fourteen
(14)
days
after
the
action
that
is
the
subject
of
the
appeal.
The
decision
of
the
Planning
and
Zoning
Board
on
such
appeals
shall
constitute
a
final
decision
appealable
pursuant
to
Section
2.2.12
(Step
12).
(B)
Major
Amendments
and
Changes
of
Use
Not
Meeting
the
Criteria
of
2.2.10(A).
(1)
Procedure/Criteria.
Amendments
to
any
approved
development
plan,
including
any
Overall
Development
Plan,
Project
Development
Plan,
or
PUD
Master
Plan,
or
any
site
specific
development
plan,
and
changes
of
use
that
are
not
determined
by
the
Director
to
be
minor
amendments
or
qualifying
changes
of
use
under
the
criteria
set
forth
in
subsection
(A)
above,
shall
be
deemed
major
amendments.
Major
amendments
to
approved
development
plans
or
site
specific
development
plans
approved
under
the
laws
of
the
City
for
the
development
of
land
prior
to
the
adoption
of
this
Code
shall
be
processed
as
required
for
the
land
use
or
uses
proposed
for
the
amendment
as
set
forth
in
Article
4
(i.e.,
Type
1
review
or
Type
2
review)
for
the
zone
district
in
which
the
land
is
located,
and,
to
the
maximum
extent
feasible,
shall
comply
with
the
applicable
standards
contained
in
Articles
3
and
4.
Major
amendments
to
development
plans
or
site
specific
development
plans
approved
under
this
Code
shall
be
reviewed
and
processed
in
the
same
manner
as
required
for
the
original
development
plan
for
which
amendment
is
sought.
Any
major
amendments
to
an
approved
project
development
plan
or
site
specific
development
plan
shall
be
recorded
as
amendments
in
accordance
with
the
procedures
established
for
the
filing
and
recording
of
such
initially
approved
plan.
City
Council
approval
of
a
major
amendment
to
a
PUD
Master
Plan
shall
be
by
resolution.
Any
partial
or
total
abandonment
of
a
development
plan
or
site
specific
development
plan
approved
under
this
Code,
or
of
any
plan
approved
under
the
laws
of
the
City
for
the
development
of
land
prior
to
the
adoption
of
this
Code,
shall
be
deemed
to
be
a
major
amendment,
and
shall
be
processed
as
a
Type
2
review;
provided,
however,
that
if
a
new
land
use
is
proposed
for
the
property
subject
to
the
abandonment,
then
the
abandonment
and
new
use
shall
be
processed
as
required
for
the
land
use
or
uses
proposed
as
set
forth
in
Article
4
(i.e.,
Type
1
review
or
Type
2
review)
for
the
zone
district
in
which
the
land
is
located.
(2)
Appeals.
Appeals
of
decisions
for
approval,
approval
with
conditions
or
denial
of
major
amendments,
or
abandonment,
of
any
approved
development
plan
or
site
specific
development
plan
shall
be
filed
and
processed
in
accordance
with
Section
2.2.12
(Step
12).
(C)
Additional
Criteria.
In
addition
to
the
criteria
established
in
(A)
and
(B)
above,
the
criteria
established
in
subsection
2.1.4(C)
shall
guide
the
decision
maker
in
determining
whether
to
approve,
approve
with
conditions,
or
deny
the
application
for
partial
or
total
abandonment.
(D)
Parkway
Landscaping
Amendments.
Amendments
to
parkway
landscaping
in
any
approved
development
plan
may
be
approved,
approved
with
conditions
or
denied
administratively
by
the
Director.
No
public
hearing
need
be
held
on
an
application
for
a
parkway
landscaping
amendment.
Such
amendments
may
be
authorized
by
the
Director
as
long
as
the
development
plan,
as
so
amended,
continues
to
comply
with
the
Fort
Collins
Streetscape
Standards,
Appendix
C,
Section
6.1
in
the
Larimer
County
Urban
Area
Street
Standards.
Appeals
of
the
decision
of
the
Director
regarding
the
approval,
approval
with
conditions
or
denial
of
parkway
landscaping
amendments
of
any
approved
development
plan
shall
be
made
in
accordance
with
paragraph
(A)(4)
of
this
Section.
(Ord.
No.
90,
1998,
5/19/98;
Ord.
No.
228,
1998
§§3,
4,
12/15/98;
Ord.
No.
99,
1999
§3,
6/15/99;
Ord.
No.
59,
2000
§5,
6/6/00;
Ord.
No.
183,
2000
§§3—6,
12/19/00;
Ord.
No.
107,
2001
§§3,
4,
6/19/01;
Ord.
No.
204,
2001
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60
§§1,
6,
12/18/01;
Ord.
No.
177,
2002
§3,
12/17/02;
Ord.
No.
104,
2006
§3,
7/18/06;
Ord.
No.
061,
5/7/13;
Ord.
No.
092,
2013
§3,
7/16/13;
Ord.
No.
086,
2014
§§6—8,
7/1/14;
Ord.
No.
155,
2015
§3,
12/15/15
;
Ord.
No.
059,
2017
,
§
4,
5/2/17;
Ord.
No.
091,
2018
,
§7,
7/17/18)
2.2.11
Step
11:
Lapse
(A)
Application
Submittals.
An
application
submitted
to
the
City
for
the
review
and
approval
of
a
development
plan
must
be
diligently
pursued
and
processed
by
the
applicant.
Accordingly,
the
applicant,
within
one
hundred
eighty
(180)
days
of
receipt
of
written
comments
and
notice
to
respond
from
the
City
on
any
submittal
(or
subsequent
revision
to
a
submittal)
of
an
application
for
approval
of
a
development
plan,
shall
file
such
additional
or
revised
submittal
documents
as
are
necessary
to
address
such
comments
from
the
City.
If
the
additional
submittal
information
or
revised
submittal
is
not
filed
within
said
period
of
time,
the
development
application
shall
automatically
lapse
and
become
null
and
void.
The
Director
may
grant
one
(1)
extension
of
the
foregoing
one-‐hundred-‐eighty-‐day
requirement,
which
extension
may
not
exceed
one
hundred
twenty
(120)
days
in
length,
and
one
(1)
additional
extension
which
may
not
exceed
sixty
(60)
days
in
length.
This
subsection
(A)
shall
apply
to
applications
which
are,
or
have
been,
filed
pursuant
to
this
Code
and
to
applications
which
are,
or
have
been,
filed
pursuant
to
the
laws
of
the
City
for
the
development
of
land
prior
to
the
adoption
of
this
Code.
On
transfer
of
ownership
of
any
real
property
that
is
the
subject
of
a
pending
application,
whether
in
whole
or
in
part,
such
transfer
shall
bar
a
new
owner
or
transferee
from
taking
further
action
on
such
application
unless,
prior
to
taking
any
action,
the
new
owner
provides
evidence
satisfactory
to
the
Director
that
the
transferor
of
such
property
intended
that
all
rights
of
the
owner
under
the
pending
application
be
assigned
to
the
transferee.
(B)
Overall
Development
Plan.
There
is
no
time
limit
for
action
on
an
overall
development
plan.
Because
an
overall
development
plan
is
only
conceptual
in
nature,
no
vested
rights
shall
ever
attach
to
an
overall
development
plan.
The
approval
of,
or
completion
of
work
pursuant
to,
project
development
plans
or
final
plans
for
portions
of
an
overall
development
plan
shall
not
create
vested
rights
for
those
portions
of
the
overall
development
plan
which
have
not
received
such
approvals
and
have
not
been
completed.
(C)
PUD
Master
Plan.
A
PUD
Master
Plan
shall
be
eligible
for
a
vested
property
right
solely
with
respect
to
uses,
densities,
development
standards,
and
Engineering
Standards
for
which
variances
have
been
granted
pursuant
to
Section
4.29(L),
as
all
are
set
forth
in
an
approved
PUD
Master
Plan.
An
approved
PUD
Master
Plan
shall
be
considered
a
site
specific
development
plan
solely
for
the
purpose
of
acquiring
such
vested
property
rights
subject
to
the
provisions
set
forth
in
this
Subsection
(C)
and
not
Subsection
(E)
below.
A
PUD
Master
Plan
shall
be
deemed
approved
upon
the
effective
date
of
the
ordinance
approving
such
PUD
Master
Plan
as
a
site
specific
development
plan
and,
upon
such
approval,
a
vested
property
right
shall
be
created
pursuant
to
the
provisions
of
Article
68
Title
24,
C.R.S.,
and
this
Section
2.2.11.
(1)
Specification
of
Uses,
Densities,
Development
Standards,
and
Engineering
Standards.
The
application
for
a
PUD
Master
Plan
shall
specify
the
uses,
densities,
development
standards,
and
Engineering
Standards
granted
variances
pursuant
to
Section
4.29(L),
for
which
the
applicant
is
requesting
a
vested
property
right.
Such
uses,
densities,
and
development
standards
may
include
those
granted
modifications
pursuant
to
Section
4.29
and
uses,
densities,
and
development
standards
set
forth
in
the
Land
Use
Code
which
are
applicable
to
the
PUD
Master
Plan.
(2)
Term
of
Vested
Right.
The
term
of
the
vested
property
right
shall
not
exceed
three
(3)
years
unless:
(a)
an
extension
is
granted
pursuant
to
paragraph
(3)
of
this
subsection,
or
(b)
the
City
and
the
developer
enter
into
a
development
agreement
which
vests
the
property
right
for
a
period
exceeding
three
(3)
years.
Such
agreement
may
be
entered
into
by
the
City
if
the
Director
determines
that
it
will
likely
take
more
than
three
(3)
years
to
complete
all
phases
of
the
development
and
the
associated
engineering
improvements
for
the
development,
and
only
if
warranted
in
light
of
all
relevant
circumstances,
including,
but
not
limited
to,
the
overall
size
of
the
development
and
economic
cycles
and
market
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conditions.
Council
shall
adopt
any
such
development
agreement
as
a
legislative
act
subject
to
referendum.
(3)
Extensions.
Extensions
for
two
(2)
successive
periods
of
one
(1)
year
each
may
be
granted
by
the
Director,
upon
a
finding
that
(a)
the
applicant
has
been
diligently
pursuing
development
pursuant
to
the
PUD
Master
Plan,
and
(b)
granting
the
extension
would
not
be
detrimental
to
the
public
good.
Any
additional
one-‐year
extensions
shall
be
approved,
if
at
all,
only
by
the
original
PUD
Master
Plan
decision
maker,
upon
a
finding
that
(a)
the
applicant
has
been
diligently
pursuing
development
pursuant
to
the
PUD
Master
Plan,
and
(b)
granting
the
extension
would
not
be
detrimental
to
the
public
good.
A
request
for
an
extension
of
the
term
of
vested
right
under
this
Section
must
be
submitted
to
the
Director
in
writing
at
least
thirty
(30)
days
prior
to
the
date
of
expiration.
Time
is
of
the
essence.
The
granting
of
extensions
by
the
Director
under
this
Section
may,
at
the
discretion
of
the
Director,
be
referred
to
the
original
PUD
Master
Plan
decision
maker.
(4)
Publication.
A
"notice
of
approval"
describing
the
PUD
Master
Plan
and
stating
that
a
vested
property
right
has
been
created
or
extended,
shall
be
published
by
the
City
once
in
a
newspaper
of
general
circulation
within
the
City,
not
later
than
fourteen
(14)
days
after
the
approval
of
a
PUD
Master
Plan,
an
extension
of
an
existing
vested
right,
or
the
legislative
adoption
of
a
development
agreement
as
described
in
paragraph
(2)
of
this
subsection.
The
period
of
time
permitted
by
law
for
the
exercise
of
any
applicable
right
of
referendum
or
judicial
review
shall
not
begin
to
run
until
the
date
of
such
publication,
whether
timely
made
within
said
fourteen-‐day
period,
or
thereafter.
(5)
Minor
and
Major
Amendments.
In
the
event
that
a
minor
or
major
amendment
to
a
PUD
Master
Plan
is
approved
under
the
provisions
of
Section
2.2.10,
and
such
amendment
alters
or
adds
uses,
densities,
development
standards,
or
Engineering
Standards
for
which
variances
have
been
granted
pursuant
to
Section
4.29(L),
a
new
vested
property
right
may
be
created
upon
the
applicant's
request
and
pursuant
to
paragraph
2
of
this
subsection.
If
the
applicant
wants
the
term
of
the
new
vested
property
right
to
exceed
three
(3)
years,
such
extended
term
must
be
approved
and
legislatively
adopted
pursuant
to
paragraph
2
of
this
subsection.
(D)
Project
Development
Plan
and
Plat.
Following
the
approval
of
a
project
development
plan
and
upon
the
expiration
of
any
right
of
appeal,
or
upon
the
final
decision
of
the
City
Council
following
appeal,
if
applicable,
the
applicant
must
submit
a
final
plan
for
all
or
part
of
the
project
development
plan
within
three
(3)
years
unless
the
project
development
plan
is
for
a
large
base
industry
to
be
constructed
in
phases,
in
which
case
the
application
for
approval
of
a
final
plan
must
be
submitted
within
twenty-‐five
(25)
years.
If
such
approval
is
not
timely
obtained,
the
project
development
plan
(or
any
portion
thereof
which
has
not
received
final
approval)
shall
automatically
lapse
and
become
null
and
void.
The
Director
may
grant
one
(1)
extension
of
the
foregoing
requirement,
which
extension
may
not
exceed
six
(6)
months
in
length.
No
vested
rights
shall
ever
attach
to
a
project
development
plan.
The
approval
of,
or
completion
of
work
pursuant
to,
a
final
plan
for
portions
of
a
project
development
plan
shall
not
create
vested
rights
for
those
portions
of
the
project
development
plan
which
have
not
received
such
final
plan
approval
and
have
not
been
completed.
(E)
Final
Plan
and
Plat
and
Other
Site
Specific
Development
Plans.
(1)
Approval.
With
the
exception
of
site
specific
development
plans
subject
to
Subsection
(C)
above,
a
site
specific
development
plan
shall
be
deemed
approved
upon
the
recording
by
the
City
with
the
Larimer
County
Clerk
and
Recorder
of
both
the
Final
Plat
and
the
Development
Agreement
and
upon
such
recording,
a
vested
property
right
shall
be
created
pursuant
to
the
provisions
of
Article
68
Title
24,
C.R.S.,
and
this
Section
2.2.11.
(2)
Publication.
A
"notice
of
approval"
describing
generally
the
type
and
intensity
of
use
approved
and
the
specific
parcel
or
parcels
affected,
and
stating
that
a
vested
property
right
has
been
created
or
extended,
shall
be
published
by
the
City
once,
not
later
than
fourteen
(14)
days
after
the
approval
of
any
final
plan
or
other
site
specific
development
plan
in
a
newspaper
of
general
circulation
within
the
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City.
The
period
of
time
permitted
by
law
for
the
exercise
of
any
applicable
right
of
referendum
or
judicial
review
shall
not
begin
to
run
until
the
date
of
such
publication,
whether
timely
made
within
said
fourteen-‐day
period,
or
thereafter.
(3)
Term
of
Vested
Right.
Within
a
maximum
of
three
(3)
years
following
the
approval
of
a
final
plan
or
other
site
specific
development
plan,
the
applicant
must
undertake,
install
and
complete
all
engineering
improvements
(water,
sewer,
streets,
curb,
gutter,
street
lights,
fire
hydrants
and
storm
drainage)
in
accordance
with
city
codes,
rules
and
regulations.
The
period
of
time
shall
constitute
the
"term
of
the
vested
property
right."
The
foregoing
term
of
the
vested
property
right
shall
not
exceed
three
(3)
years
unless:
(a)
an
extension
is
granted
pursuant
to
paragraph
(4)
of
this
subsection,
or
(b)
the
City
and
the
developer
enter
into
a
development
agreement
which
vests
the
property
right
for
a
period
exceeding
three
(3)
years.
Such
agreement
may
be
entered
into
by
the
City
only
if
the
subject
development
constitutes
a
"large
base
industry"
as
defined
in
Article
5,
or
if
the
Director
determines
that
it
will
likely
take
more
than
three
(3)
years
to
complete
all
engineering
improvements
for
the
development,
and
only
if
warranted
in
light
of
all
relevant
circumstances,
including,
but
not
limited
to,
the
size
and
phasing
of
the
development,
economic
cycles
and
market
conditions.
Any
such
development
agreement
shall
be
adopted
as
a
legislative
act
subject
to
referendum.
Failure
to
undertake
and
complete
such
engineering
improvements
within
the
term
of
the
vested
property
right
shall
cause
a
forfeiture
of
the
vested
property
right
and
shall
require
resubmission
of
all
materials
and
reapproval
of
the
same
to
be
processed
as
required
by
this
Code.
All
dedications
as
contained
on
the
final
plat
shall
remain
valid
unless
vacated
in
accordance
with
law.
(4)
Extensions.
Extensions
for
two
(2)
successive
periods
of
one
(1)
year
each
may
be
granted
by
the
Director,
upon
a
finding
that
the
plan
complies
with
all
general
development
standards
as
contained
in
Article
3
and
Zone
District
Standards
as
contained
in
Article
4
at
the
time
of
the
application
for
the
extension.
Any
additional
one-‐year
extensions
shall
be
approved,
if
at
all,
only
by
the
Planning
and
Zoning
Board,
upon
a
finding
that
the
plan
complies
with
all
applicable
general
development
standards
as
contained
in
Article
3
and
Zone
District
Standards
as
contained
in
Article
4
at
the
time
of
the
application
for
the
extension,
and
that
(a)
the
applicant
has
been
diligent
in
constructing
the
engineering
improvements
required
pursuant
to
paragraph
(3)
above,
though
such
improvements
have
not
been
fully
constructed,
or
(b)
due
to
other
extraordinary
and
exceptional
situations
unique
to
the
property,
completing
all
engineering
improvements
would
result
in
unusual
and
exceptional
practical
difficulties
or
undue
hardship
upon
the
applicant,
and
granting
the
extension
would
not
be
detrimental
to
the
public
good.
A
request
for
an
extension
of
the
term
of
vested
right
under
this
Section
must
be
submitted
to
the
Director
in
writing
at
least
thirty
(30)
days
prior
to
the
date
of
expiration.
Time
is
of
the
essence.
The
granting
of
extensions
by
the
Director
under
this
Section
may,
at
the
discretion
of
the
Director,
be
referred
to
the
Planning
and
Zoning
Board.
(5)
Minor
Amendments.
In
the
event
that
minor
amendments
to
a
final
plan
or
other
site-‐specific
development
plan
are
approved
under
the
provisions
of
Section
2.2.10
(or
under
prior
law,
if
permissible),
the
effective
date
of
such
minor
amendments,
for
purposes
of
duration
of
a
vested
property
right,
shall
be
the
date
of
the
approval
of
the
original
final
plan
or
other
site-‐specific
development
plan.
(6)
Major
Amendments.
The
approval
of
major
amendments
to
a
final
plan
or
other
site-‐specific
development
plan
under
the
provisions
of
Section
2.2.10
(or
under
prior
law,
if
permissible),
shall
create
a
new
vested
property
right
with
effective
period
and
term
as
provided
herein,
unless
expressly
stated
otherwise
in
the
decision
approving
such
major
amendment.
(7)
Planning
over
old
plans.
In
the
event
that
a
new
final
plan
is
approved
for
a
parcel
of
property
which
includes
all
of
a
previously
approved
site-‐specific
development
plan,
the
approval
of
such
new
final
plan
shall
cause
the
automatic
expiration
of
such
previously
approved
site-‐specific
development
plan.
In
the
event
that
a
new
final
plan
is
approved
for
a
parcel
of
property
which
includes
only
a
portion
of
a
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previously
approved
site-‐specific
development
plan,
the
approval
of
such
new
final
plan
shall
be
deemed
to
constitute
the
abandonment
of
such
portion
of
the
previously
approved
plan
as
is
covered
by
such
new
plan,
and
shall
be
reviewed
according
to
the
abandonment
criteria
contained
in
subsection
2.1.4(C)
and
all
other
applicable
criteria
of
this
Code.
(8)
Other
provisions
unaffected.
Approval
of
a
final
plan
or
other
site-‐specific
development
plan
shall
not
constitute
an
exemption
from
or
waiver
of
any
other
provisions
of
this
Code
pertaining
to
the
development
and
use
of
property.
(9)
Post
denial
re-‐submittal
delay.
Property
that
is
the
subject
of
an
overall
development
plan
or
a
project
development
plan
that
has
been
denied
by
the
decision
maker
or
denied
by
City
Council
upon
appeal,
or
withdrawn
by
the
applicant,
shall
be
ineligible
to
serve,
in
whole
or
in
part,
as
the
subject
of
another
overall
development
plan
or
project
development
plan
application
for
a
period
of
six
(6)
months
from
the
date
of
the
final
decision
of
denial
or
the
date
of
withdrawal
(as
applicable)
of
the
plan
unless
the
Director
determines
that
the
new
plan
includes
substantial
changes
in
land
use,
residential
density
and/or
nonresidential
intensity.
(10)
Automatic
repeal;
waiver.
Nothing
in
this
Section
is
intended
to
create
any
vested
property
right
other
than
such
right
as
is
established
pursuant
to
the
provisions
of
Article
68,
Title
24,
C.R.S.
In
the
event
of
the
repeal
of
said
article
or
a
judicial
determination
that
said
article
is
invalid
or
unconstitutional,
this
Section
shall
be
deemed
to
be
repealed
and
the
provisions
hereof
no
longer
effective.
Nothing
herein
shall
be
construed
to
prohibit
the
waiver
of
a
vested
property
right
pursuant
to
mutual
agreement
between
the
City
and
the
affected
landowner.
Upon
the
recording
of
any
such
agreement
with
the
Larimer
County
Clerk
and
Recorder,
any
property
right
which
might
otherwise
have
been
vested
shall
be
deemed
to
be
not
vested.
(Ord.
No.
90,
1998,
5/19/98;
Ord.
No.
99,
1999
§4,
6/15/99;
Ord.
No.
59,
2000
§6,
6/6/00;
Ord.
No.
107,
2001
§5,
6/19/01;
Ord.
No.
173,
2003
§3,
12/16/03;
Ord.
No.
161,
2005
§3,
12/20/05;
Ord.
No.
081,
2007
§3,
7/17/07;
Ord.
No.
066,
2009
§2,
7/7/09;
Ord.
No.
068,
2010
§3,
7/6/10;
Ord.
No.
120,
2011
§§5,
6,
9/20/2011;
Ord.
No.
024,
2013
§2,
2/26/13;
Ord.
No.
040,
2013
,
3/19/13;
Ord.
No.
092,
2013
§§4,
5,
7/16/13;
Ord.
No.
086,
2014
§§9,
10,
7/1/14;
Ord.
No.
175,
2014
§6,
12/16/14
;
Ord.
No.
091,
2018
,
§8,
7/17/18;
Ord.
No.
037,
2019
,
§2,
3/19/19)
2.2.12
Step
12:
Appeals/Alternate
Review
(A)
Appeals.
Appeals
of
any
final
decision
of
a
decision
maker
under
this
Code
shall
be
only
in
accordance
with
Chapter
2,
Article
II,
Division
3
of
the
City
Code,
unless
otherwise
provided
in
Divisions
2.3
through
2.11
and
2.16,
2.18,
and
2.19
of
this
Code.
(B)
Alternate
Review.
Despite
the
foregoing,
if
the
City
is
the
applicant
for
a
development
project,
there
shall
be
no
appeal
of
any
final
decision
regarding
such
development
project
to
the
City
Council.
In
substitution
of
an
appeal
of
a
development
project
for
which
the
City
is
the
applicant,
the
City
Council
may,
by
majority
vote,
as
an
exercise
of
its
legislative
power
and
in
its
sole
discretion,
overturn
or
modify
any
final
decision
regarding
such
project,
by
ordinance
of
the
City
Council.
Any
Councilmember
may
request
that
the
City
Council
initiate
this
exercise
of
legislative
power
but
only
if
such
request
is
made
in
writing
to
the
City
Clerk
within
fourteen
(14)
days
of
the
date
of
the
final
decision
of
the
Planning
and
Zoning
Board.
City
Council
shall
conduct
a
hearing
prior
to
the
adoption
of
the
ordinance
in
order
to
hear
public
testimony
and
receive
and
consider
any
other
public
input
received
by
the
City
Council
(whether
at
or
before
the
hearing)
and
shall
conduct
its
hearing
in
the
manner
customarily
employed
by
the
Council
for
the
consideration
of
legislative
matters.
When
evaluating
City
projects
under
alternate
review,
the
City
Council
may,
in
its
legislative
discretion,
consider
factors
in
addition
to
or
in
substitution
of
the
standards
of
this
Land
Use
Code.
(Ord.
No.
165,
1999
§10,
11/16/99;
Ord.
No.
082,
2015
§1,
7/21/15
;
Ord.
No.
077,
2019
,
§3,
7/16/19)
ARTICLE
2
-‐
ADMINISTRATION
DIVISION
2.3
OVERALL
DEVELOPMENT
PLAN
Fort
Collins,
Colorado,
Land
Use
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DIVISION
2.3
OVERALL
DEVELOPMENT
PLAN
2.3.1
Purpose
and
Applicability
The
purpose
and
applicability
of
an
overall
development
plan
is
contained
in
Subsection
2.1.3(B).
2.3.2
Overall
Development
Plan
Review
Procedures
An
overall
development
plan
shall
be
processed
according
to,
in
compliance
with
and
subject
to
the
provisions
contained
in
Division
2.1
and
Steps
1
through
12
of
the
Common
Development
Review
Procedures
(Sections
2.2.1
through
2.2.12,
inclusive)
as
follows:
(A)
Step
1
(Conceptual
Review):
Applicable.
(B)
Step
2(Neighborhood
Meeting):
Applicable.
(C)
Step
3(Development
Application
Submittal):
All
items
or
documents
required
for
overall
development
plans
as
described
in
the
development
application
submittal
master
list
shall
be
submitted.
The
Director
may
waive
or
modify
the
foregoing
submittal
requirements
if,
given
the
facts
and
circumstances
of
the
specific
application,
a
particular
requirement
would
either
be
irrelevant,
immaterial,
redundant
or
otherwise
unnecessary
for
the
full
and
complete
review
of
the
application.
(D)
Step
4(Review
of
Applications):
Applicable.
(E)
Step
5(Staff
Report):
Applicable.
(F)
Step
6
(Notice):
Applicable.
(G)
Step
7(A)
(Decision
Maker):
All
overall
development
plans
will
be
processed
as
Type
2
reviews.
Step
7(B)—(G)
(Conduct
of
Public
Hearing,
Order
of
Proceedings
at
Public
Hearing,
Decision
and
Findings,
Notification
to
Applicant,
Record
of
Proceedings,
Recording
of
Decisions
and
Plats):
Applicable.
(H)
Step
8
(Standards):
Applicable.
An
overall
development
plan
shall
comply
with
the
following
criteria:
(1)
The
overall
development
plan
shall
be
consistent
with
the
permitted
uses
and
applicable
zone
district
standards
(Article
4)
of
all
zone
districts
contained
within
the
boundaries
of
the
overall
development
plan.
The
plan
shall
also
be
consistent
with
any
zone
district
standards
(Article
4)
and
general
development
standards
(Article
3)
that
can
be
applied
at
the
level
of
detail
required
for
an
overall
development
plan
submittal.
Only
one
(1)
application
for
an
overall
development
plan
for
any
specific
parcel
or
portion
thereof
may
be
pending
for
approval
at
any
given
time.
Such
application
shall
also
be
subject
to
the
provisions
for
delay
set
out
in
Section
2.2.11.
(2)
The
overall
development
plan
shall
be
consistent
with
the
required
density
range
of
residential
uses
(including
lot
sizes
and
housing
types)
with
regard
to
any
land
which
is
part
of
the
overall
development
plan
and
which
is
included
in
the
following
districts:
(a)
The
Rural
Land
District
(R-‐U-‐L).
Section
4.1(D)(1).
(b)
The
Urban
Estate
District
(U-‐E).
See
Section
4.2(D)(1).
(c)
The
Residential
Foothills
District
(R-‐F).
See
Section
4.3(D)(1).
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(d)
The
Low
Density
Mixed-‐Use
Neighborhood
District
(L-‐M-‐N).
See
Section
4.5(D)(1).
(e)
The
Medium
Density
Mixed-‐Use
Neighborhood
District
(M-‐M-‐N).
See
Section
4.6(D)(1).
(f)
The
High
Density
Mixed-‐Use
Neighborhood
District
(H-‐M-‐N).
See
Section
4.10(D)(1).
(g)
The
Manufactured
Housing
District
(M-‐H).
See
Section
4.11(D)(1).
(h)
The
Community
Commercial
-‐
North
College
District
(C-‐C-‐N).
See
Section
4.19(D)(1).
(i)
The
Harmony
Corridor
District
(H-‐C).
See
Section
4.26(D)(4).
(j)
The
Employment
District
(E).
See
Section
4.27(D)(5).
(3)
The
overall
development
plan
shall
conform
to
the
Master
Street
Plan
requirements
and
the
street
pattern/connectivity
standards
both
within
and
adjacent
to
the
boundaries
of
the
plan
as
required
pursuant
to
Sections
3.6.1
and
3.6.3(A)
through
(F).
The
overall
development
plan
shall
identify
appropriate
transportation
improvements
to
be
constructed
and
shall
demonstrate
how
the
development,
when
fully
constructed,
will
conform
to
the
Transportation
Level
of
Service
Requirements
as
contained
in
Section
3.6.4
by
submittal
of
a
Master
Level
Transportation
Impact
Study.
(4)
The
overall
development
plan
shall
provide
for
the
location
of
transportation
connections
to
adjoining
properties
in
such
manner
as
to
ensure
connectivity
into
and
through
the
overall
development
plan
site
from
neighboring
properties
for
vehicular,
pedestrian
and
bicycle
movement,
as
required
pursuant
to
Section
3.6.3(F)
and
Section
3.2.2(C)(6).
(5)
The
overall
development
plan
shall
show
the
general
location
and
approximate
size
of
all
natural
areas,
habitats
and
features
within
its
boundaries
and
shall
indicate
the
applicant's
proposed
rough
estimate
of
the
natural
area
buffer
zones
as
required
pursuant
to
Section
3.4.1(E).
(6)
The
overall
development
plan
shall
be
consistent
with
the
appropriate
Drainage
Basin
Master
Plan.
(7)
Any
standards
relating
to
housing
density
and
mix
of
uses
will
be
applied
over
the
entire
overall
development
plan,
not
on
each
individual
project
development
plan
review.
(I)
Step
9
(Conditions
of
Approval):
Applicable.
(J)
Step
10
(Amendments):
Applicable.
(K)
Step
11
(Lapse):
Applicable.
(L)
Step
12
(Appeals):
Applicable.
(Ord.
No.
228,
1998
§§5,
6,
12/15/98;
Ord.
No.
41,
1999
§1,
3/16/99;
Ord.
No.
99,
1999
§5,
6/15/99;
Ord.
No.
107,
2001
§§6,
7,
6/19/01;
Ord.
No.
173,
2003
§§4,
5,
12/16/03;
Ord.
No.
131,
2006
§§3—5,
9/19/06;
Ord.
No.
120,
2011
§7,
9/20/2011;
Ord.
No.
086,
2014
§§11,
12,
7/1/14;
Ord.
No.
100,
2020
,
§3,
8/18/20)
DIVISION
2.4
PROJECT
DEVELOPMENT
PLAN
2.4.1
Purpose
and
Applicability
The
purpose
and
applicability
of
a
project
development
plan
is
contained
in
Section
2.1.3(C).
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2.4.2
Project
Development
Plan
Review
Procedures
A
project
development
plan
shall
be
processed
according
to,
in
compliance
with
and
subject
to
the
provisions
contained
in
Division
2.1
and
Steps
1
through
12
of
the
Common
Development
Review
Procedures
(Sections
2.2.1
through
2.2.12,
inclusive)
as
follows:
(A)
Step
1
(Conceptual
Review):
Applicable,
only
if
the
project
development
plan
is
not
subject
to
an
overall
development
plan.
(B)
Step
2(Neighborhood
Meeting):
Applicable.
(C)
Step
3(Development
Application
Submittal):
All
items
or
documents
required
for
project
development
plans
as
described
in
the
development
application
submittal
master
list
shall
be
submitted.
The
Director
may
waive
or
modify
the
foregoing
submittal
requirements
if,
given
the
facts
and
circumstances
of
the
specific
application,
a
particular
requirement
would
either
be
irrelevant,
immaterial,
redundant
or
otherwise
unnecessary
for
the
full
and
complete
review
of
the
application.
(D)
Step
4(Review
of
Applications):
Applicable.
(E)
Step
5(Staff
Report):
Applicable.
(F)
Step
6
(Notice):
Applicable.
(G)
Step
7(A)
(Decision
Maker):
Applicable
as
follows:
(1)
Administrative
review
(Type
1
review)
applies
to
a
project
development
plan
that
satisfies
all
of
the
following
conditions:
(a)
it
was
submitted
after
the
effective
date
of
this
Land
Use
Code
and
is
subject
to
the
provisions
of
this
Land
Use
Code;
and
(b)
it
contains
only
permitted
uses
subject
to
administrative
review
as
listed
in
the
zone
district
(set
forth
in
Article
4,
District
Standards)
in
which
it
is
located.
(2)
Planning
and
Zoning
Board
review
(Type
2
review)
applies
to
a
project
development
plan
that
does
not
satisfy
all
of
the
conditions
in
(1),
above.
Step
7(B)-‐(G)
(Conduct
of
Public
Hearing,
Order
of
Proceedings
at
Public
Hearing,
Decision
and
Findings,
Notification
to
Applicant,
Record
of
Proceedings,
Recording
of
Decisions
and
Plats):
Applicable.
(H)
Step
8
(Standards):
Applicable.
A
project
development
plan
shall
comply
with
all
General
Development
Standards
applicable
to
the
development
proposal
(Article
3)
and
the
applicable
District
Standards
(Article
4);
and,
when
a
project
development
plan
is
within
the
boundaries
of
an
approved
overall
development
plan
or
PUD
Overlay,
the
project
development
plan
shall
be
consistent
with
the
overall
development
plan
or
PUD
Master
Plan
associated
with
such
PUD
Overlay.
Only
one
(1)
application
for
a
project
development
plan
for
any
specific
parcel
or
portion
thereof
may
be
pending
for
approval
at
any
given
time.
Such
application
shall
also
be
subject
to
the
provisions
for
delay
set
out
in
Section
2.2.11.
(I)
Step
9
(Conditions
of
Approval):
Applicable.
(J)
Step
10
(Amendments):
Applicable.
(K)
Step
11
(Lapse):
Applicable.
(L)
Step
12
(Appeals):
Applicable.
(Ord.
No.
192,
2006
§1,
12/19/06;
Ord.
No.
120,
2011
§8,
9/20/2011;
Ord.
No.
086,
2014
§13,
7/1/14;
Ord.
No.
091,
2018
,
§9,
7/17/18)
ARTICLE
2
-‐
ADMINISTRATION
DIVISION
2.5
FINAL
PLAN
Fort
Collins,
Colorado,
Land
Use
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DIVISION
2.5
FINAL
PLAN
2.5.1
Purpose
and
Applicability
The
purpose
and
applicability
of
a
final
plan
is
contained
in
Section
2.1.3(D).
2.5.2
Final
Plan
Review
Procedures
A
final
plan
may
only
be
submitted
after
approval
of
a
project
development
plan
for
the
subject
property
or
concurrently
with
a
project
development
plan
for
the
subject
property.
For
consolidated
applications
for
a
project
development
plan
and
a
final
plan,
the
applicant
shall
follow
both
the
project
development
plan
and
final
development
plan
review
procedures.
A
final
plan
shall
be
processed
according
to,
in
compliance
with
and
subject
to
the
provisions
contained
in
Division
2.1
and
Steps
1
through
12
of
the
Common
Development
Review
Procedures
(Sections
2.2.1
through
2.2.12,
inclusive)
as
follows:
(A)
Step
1
(Conceptual
Review):
Not
applicable.
(B)
Step
2(Neighborhood
Meeting):
Not
applicable.
(C)
Step
3(Development
Application
Submittal):
All
items
or
documents
required
for
final
plans
as
described
in
the
development
application
submittal
master
list
shall
be
submitted.
The
Director
may
waive
or
modify
the
foregoing
submittal
requirements
if,
given
the
facts
and
circumstances
of
the
specific
application,
a
particular
requirement
would
either
be
irrelevant,
immaterial,
redundant
or
otherwise
unnecessary
for
the
full
and
complete
review
of
the
application.
(D)
Step
4(Review
of
Applications):
Applicable.
(E)
Step
5(Staff
Report):
Not
applicable.
(F)
Step
6
(Notice):
Not
applicable.
(G)
Step
7(A)—(C)
(Decision
Maker,
Conduct
of
Public
Hearing,
Order
of
Proceeding
at
Public
Hearing):
Not
applicable,
and
in
substitution
therefor,
the
Director
is
hereby
authorized
to,
and
shall,
review,
consider
and
approve,
approve
with
conditions
or
deny
the
development
application
for
a
final
plan
based
on
its
consistency
with
a
valid
project
development
plan
for
the
subject
property
and
its
compliance
with
all
of
the
standards
established
in
Step
8
of
this
Section.
The
Director
may,
but
is
not
obligated
to,
confer
or
meet
with
the
applicant
or
other
city
staff
to
obtain
clarification
or
explanation,
gain
understanding,
suggest
revision,
or
otherwise
discuss
or
learn
about
the
development
proposal
and
final
plan,
all
for
the
purpose
of
ensuring
a
fully
consistent
and
compliant
final
plan.
Step
7(D)
(Decision
and
Findings):
Not
applicable,
except
that
Step
7(D)(3)
shall
apply.
Step
7(E)
(Notification
to
Applicant):
Applicable.
Step
7(F)
(Record
of
Proceedings):
Not
applicable,
except
that
Step
7(F)(2)
shall
apply.
Step
7(G)
(Recording
of
Decisions
and
Plats):
Applicable.
(H)
Step
8
(Standards):
Applicable.
A
final
plan
shall
comply
with
the
General
Development
Standards
applicable
to
the
development
proposal
(Article
3)
and
the
applicable
District
Standards
(Article
4);
and
a
final
plan
shall
be
consistent
with
the
project
development
plan.
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(I)
Step
9
(Conditions
of
Approval):
Applicable.
(J)
Step
10
(Amendments):
Applicable.
(K)
Step
11
(Lapse):
Applicable.
(L)
Step
12
(Appeals):
Not
applicable.
The
Director's
decision
shall
be
final
and
no
appeals
of
the
Director's
decision
will
be
allowed;
however,
the
Director
may
refer
the
decision
to
the
Planning
and
Zoning
Board
when
the
Director
is
in
doubt
as
to
the
compliance
and
consistency
of
the
final
plan
with
the
approved
project
development
plan.
If
the
Director
refers
the
decision
to
the
Planning
and
Zoning
Board,
the
decision
of
the
Planning
and
Zoning
Board
shall
be
final
and
shall
not
be
appealable
to
the
City
Council,
notwithstanding
any
provision
of
the
City
Code
to
the
contrary.
(Ord.
No.
086,
2014
§14,
7/1/14)
DIVISION
2.6
STOCKPILING
PERMITS
AND
DEVELOPMENT
CONSTRUCTION
PERMITS
2.6.1
Purpose
(A)
A
stockpiling
permit
is
required
in
order
to
regulate
the
placement
of
fill
dirt
on
properties
not
covered
by
a
site
specific
development
plan,
to
protect
against
adverse
impacts
to
floodplains,
drainage
systems,
natural
areas,
wildlife
habitat,
wetlands
or
other
areas
of
public
interest,
and
to
assure
that
public
nuisances
will
not
be
created
by
the
stockpiling
activities.
(B)
A
Development
Construction
Permit
is
required
in
order
to
coordinate
the
transition
from
completion
of
the
development
review
process
to
the
construction
process.
(Ord.
No.
177,
1998
§1,
10/20/98;
Ord.
No.
59,
2000
§7,
6/6/00)
2.6.2
Applicability
(A)
A
stockpiling
permit
shall
be
required
for
stockpiling
soil
or
similar
inorganic
material
upon
property
that
is
not
subject
to
the
provisions
of
a
valid
development
construction
permit.
(B)
A
Development
Construction
Permit
shall
be
required
for
all
development
that
is
required
to
construct
public
infrastructure
improvements
that,
upon
completion,
will
be
owned
or
maintained
by
the
City.
(Ord.
No.
177,
1998
§1,
10/20/98;
Ord.
No.
59,
2000
§7,
6/6/00;
Ord.
No.
183,
2000
§7,
12/19/00;
Ord.
No.
051,
2012
§5,
7/17/12)
2.6.3
Stockpiling
Permit
and
Development
Construction
Permit
Review
Procedures
An
application
for
a
Stockpiling
Permit
or
a
Development
Construction
Permit
shall
be
processed
according
to,
in
compliance
with
and
subject
to
the
provisions
contained
in
Division
2.1
and
Steps
(1)
through
(12)
of
the
Common
Development
Review
Procedures
(Sections
2.2.1
through
2.2.12,
inclusive),
as
follows:
(A)
Step
1
(Conceptual
Review):
Not
applicable.
(B)
Step
2(Neighborhood
Meeting):
Not
applicable.
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(C)
Step
3(A)
(Development
Application
Forms):
Not
applicable,
and
in
substitution
therefor,
all
applications
for
Stockpiling
Permits
or
Development
Construction
Permits
shall
be
in
a
form
established
by
the
City
Engineer
and
made
available
to
the
public.
Step
3(B)
(Consolidated
Development
Applications
and
Review):
Not
applicable.
Step
3(C)
(Development
Application
Contents):
Applicable.
Step
3(D)
(Submittal
Hearing
Date
Schedule):
Not
applicable.
Step
3(E)
(Development
Review
Fees
-‐
Stockpiling
Permit):
Applicable.
Step
3(E)
(Development
Review
Fees
-‐
Development
Construction
Permit):
Not
applicable,
and
in
substitution
therefor,
the
applicant
for
a
Development
Construction
Permit
shall
remit
to
the
City
an
application
fee
and
a
construction
inspection
fee
in
the
amounts
as
are
authorized
to
be
established
pursuant
to
Chapter
7.5,
Article
I
of
the
City
Code.
(D)
Step
4(Review
of
Applications):
Applicable
except
that
the
term
"City
Engineer"
shall
be
substituted
for
the
term
"Director."
(E)
Step
5(Staff
Report):
Not
applicable.
(F)
Step
6
(Notice):
Not
applicable.
(G)
Step
7
(Public
Hearing
-‐
Stockpiling
Permit):
Not
applicable,
and
in
substitution
therefor,
an
application
for
a
Stockpiling
Permit
shall
be
processed,
reviewed,
considered
and
approved,
approved
with
modifications
or
denied
by
the
City
Engineer
based
on
its
compliance
with
the
City
Code
and
all
regulations
related
to
such
permit
adopted
by
the
City
by
reference
or
otherwise,
as
amended,
including,
without
limitation,
the
erosion
control
standards
as
contained
in
the
Stormwater
Design
Criteria
and
Construction
Standards
Manual.
Step
7
(Public
Hearing
-‐
Development
Construction
Permit):
Not
applicable,
and
in
substitution
therefor,
an
application
for
a
Development
Construction
Permit
shall
be
processed,
reviewed,
considered
and
approved,
approved
with
modifications
or
denied
by
the
City
Engineer
based
on
its
compliance
with
the
Site
Specific
Development
Plan,
the
City
Code
and
all
regulations
related
to
such
permit
adopted
by
the
City
by
reference
or
otherwise,
as
amended.
(H)
Step
8
(Standards
-‐
Stockpiling
Permit):
Not
applicable,
and
in
substitution
therefor,
an
application
for
a
Stockpiling
Permit
shall
be
reviewed
for
compliance
with
the
City
Code
and
all
regulations
related
to
such
permit
adopted
by
the
city
by
reference
or
otherwise,
as
amended,
including,
without
limitation,
the
erosion
control
standards
as
contained
in
the
Stormwater
Criteria
Manual
and
the
dust
control
measures
contained
in
the
Dust
Control
Manual
to
the
extent
required
therein.
Step
8
(Standards
-‐
Development
Construction
Permit):
Not
applicable,
and
in
substitution
therefor,
an
application
for
a
Development
Construction
Permit
shall
be
reviewed
for
compliance
with
the
Site
Specific
Development
Plan,
the
City
Code
and
all
regulations
related
to
such
permit
adopted
by
the
city
by
reference
or
otherwise
as
amended,
including,
without
limitation,
the
erosion
control
standards
as
contained
in
the
Stormwater
Criterial
Manual
and
the
dust
control
measures
contained
in
the
Dust
Control
Manual
to
the
extent
required
therein.
(I)
Step
9
(Conditions
of
Approval):
Applicable.
(J)
Step
10
(Amendments):
Not
applicable,
and
in
substitution
therefor,
amendments
to
Stockpiling
Permits
or
Development
Construction
Permits
may
be
authorized
by
the
City
Engineer
only
as
allowed
under
the
Stockpiling
Permit
or
Development
Construction
Permit
regulations
adopted
by
the
city
by
reference
or
otherwise,
as
amended,
provided
that
the
amended
Stockpiling
Permit
or
Development
Construction
Permit
remains
in
compliance
with
the
applicable
standards.
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(K)
Step
11
(Lapse
-‐
Stockpiling
Permits):
Not
applicable,
and
in
substitution
therefor,
a
Stockpiling
Permit
shall
be
subject
to
the
following
lapse
and
extension
provisions:
(1)
Term
of
permit.
All
Stockpiling
Permit
activity
shall
be
commenced
and
completed
within
thirty
(30)
days
of
issuance
of
the
Stockpiling
Permit
unless
a
longer
term
of
permit
is
established
by
the
City
Engineer
upon
issuance
of
the
permit.
(2)
Extensions.
The
applicant
for
a
Stockpiling
Permit
may
apply
for
an
extension
of
the
term
of
such
permit
if
such
application
is
filed
with
the
City
Engineer
at
least
two
(2)
working
days
prior
to
the
permit
expiration
date.
Such
application
shall
contain
good
and
sufficient
reasons
as
to
why
an
extension
is
necessary.
For
good
cause
shown,
the
City
Engineer
may
approve
an
extension
application
that
has
been
timely
filed;
provided,
however,
that
no
extension
shall
be
granted
for
a
term
in
excess
of
thirty
(30)
days,
and
no
extension
shall
be
granted
which,
in
the
judgment
of
the
City
Engineer,
would
be
detrimental
to
the
public
health,
safety
or
welfare.
Step
11
(Lapse
-‐
Development
Construction
Permit):
Not
applicable,
and
in
substitution
therefor,
a
Development
Construction
Permit
shall
be
subject
to
the
following
lapse
and
extension
provisions:
(1)
Prior
to
commencement
of
construction.
If
construction
has
not
commenced
within
sixty
(60)
days
from
the
date
of
issuance
of
the
Development
Construction
Permit,
such
permit
shall
expire,
and
all
fees
paid
therefor
shall
be
forfeited.
(2)
Following
commencement
of
construction.
If
construction
has
timely
commenced,
the
Development
Construction
Permit
shall
expire
upon
the
passage
of
one
(1)
year
from
the
date
of
issuance
thereof.
(3)
Extensions.
The
applicant
for
a
Development
Construction
Permit
may
apply
for
an
extension
of
the
term
of
such
permit
if
such
application
is
filed
with
the
City
Engineer
at
least
two
(2)
weeks
prior
to
the
permit
expiration
date.
Such
application
shall
contain
good
and
sufficient
reasons
as
to
why
an
extension
is
necessary;
and,
for
good
cause
shown,
the
City
Engineer
may
grant
extensions;
provided,
however,
that
no
extension
shall
be
granted
for
a
term
in
excess
of
six
(6)
months,
and
no
extension
shall
be
granted
which,
in
the
judgment
of
the
City
Engineer,
would
be
detrimental
to
the
public
health,
safety
or
welfare.
(L)
Step
12
(Appeals):
Not
applicable,
and
in
substitution
therefor,
appeals
of
any
final
decision
of
the
City
Engineer
on
a
Stockpiling
Permit
or
a
Development
Construction
Permit
application
shall
be
in
accordance
with
Division
2.11;
provided,
however,
that
such
appeals
may
be
filed
only
by
persons
who
possess
a
legal
or
equitable
interest
in
the
specific
real
property
which
is
the
subject
of
the
decision.
(Ord.
No.
177,
1998
§1,
10/20/98;
Ord.
No.
59,
2000
§7,
6/6/00;
Ord.
No.
086,
2014
§15,
7/1/14;
Ord.
No.
045,
2015,
§2,
5/3/16
)
DIVISION
2.7
BUILDING
PERMITS
2.7.1
Purpose
A
Building
Permit
Application
is
required
in
order
to
review,
consider,
approve,
approve
with
modifications
or
deny
a
request
for
permission
to
erect,
move,
place,
alter
or
demolish
a
building
or
structure
based
on
the
standards
referenced
in
step
8
of
this
section.
(Ord.
No.
177,
1998
§1,
10/20/98)
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2.7.2
Applicability
Application
for
a
building
permit
may
be
made
at
any
time.
a
building
permit
may
be
issued
only
after
a
site
specific
development
plan
has
been
approved
for
the
property
upon
which
the
proposed
principal
building
or
structure
is
to
be
erected.
the
building
permit
is
the
only
authorization
under
which
a
building
or
structure
may
be
constructed,
moved,
placed,
altered
or
demolished,
with
some
exceptions,
such
as
fences
and
certain
types
of
storage
sheds.
(Ord.
No.
177,
1998
§1,
10/20/98)
2.7.3
Building
Permit
Review
Procedures
An
application
for
a
Building
Permit
shall
be
processed
according
to,
in
compliance
with,
and
subject
to
the
provisions
contained
in
Division
2.1
and
Steps
1
through
12
of
the
Common
Development
Review
Procedures
(Section
2.2.1
through
2.2.12,
inclusive),
as
follows:
(A)
Step
1
(Conceptual
Review):
Not
applicable.
(B)
Step
2(Neighborhood
Meeting):
Not
applicable.
(C)
Step
3(A)
(Development
Application
Forms):
Applicable.
Step
3(B)
(Consolidated
Development
Applications
and
Review):
Not
applicable.
Step
3(C)
(Development
Application
Contents):
Not
Applicable,
and
in
substitution
therefor,
an
application
for
a
Building
Permit
shall
be
submitted
to
the
Building
and
Zoning
Director
for
review
and
determination.
An
application
for
a
Building
Permit
shall
include
all
items,
materials
and
documents
that
are
required
by
the
adopted
International
Building
Code.
Step
3(D)
(Development
Review
Fees):
Applicable.
(D)
Step
4(Review
of
Applications):
Not
applicable.
(E)
Step
5(Staff
Report):
Not
applicable.
(F)
Step
6
(Notice):
Not
applicable.
(G)
Step
7
(Public
Hearing):
Not
applicable,
and
in
substitution
therefor,
an
application
for
a
Building
Permit
shall
be
processed,
reviewed,
considered
and
approved,
approved
with
modifications,
or
denied
by
the
Building
and
Zoning
Director
based
on
its
compliance
with
the
site
specific
development
plan,
the
City
Code
and
all
regulations
related
to
such
permit
adopted
by
the
city
by
reference
or
otherwise,
as
amended.
(H)
Step
8
(Standards):
Not
applicable,
and
in
substitution
therefor,
an
application
for
a
Building
Permit
shall
be
reviewed
for
compliance
with
the
site
specific
development
plan,
the
City
Code
and
all
regulations
related
to
such
permit
adopted
by
the
city
by
reference
or
otherwise,
as
amended;
and
if
the
Building
Permit
is
for
the
enlargement
of
a
building
and/or
for
the
expansion
of
facilities,
equipment
or
structures
regulated
under
the
provisions
of
Division
1.6,
such
application
shall
also
comply
with
Division
1.6.
(I)
Step
9
(Conditions
of
Approval):
Applicable.
(J)
Step
10
(Amendments):
Not
applicable,
and
in
substitution
therefor,
amendments
to
Building
Permits
may
be
authorized
by
the
Building
and
Zoning
Director
only
as
allowed
under
the
building
regulations
adopted
by
the
city
by
reference
or
otherwise,
as
amended,
provided
that
the
amended
Building
Permit
remains
in
compliance
with
the
applicable
standards.
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(K)
Step
11
(Lapse):
Not
applicable,
and
in
substitution
therefor,
a
Building
Permit
shall
expire
six
(6)
months
after
the
date
that
such
Building
Permit
was
issued
unless
properly
acted
upon
in
accordance
with
the
provisions
of
the
Uniform
Building
Code,
as
amended.
One
(1)
six-‐month
extension
may
be
granted
by
the
Building
and
Zoning
Director.
(L)
Step
12
(Appeals):
Not
applicable,
and
in
substitution
therefor,
appeals
of
any
final
decision
of
the
Building
and
Zoning
Director
on
a
Building
Permit
application
shall
be
in
accordance
with
Division
2.11;
provided,
however,
that
such
appeals
may
be
filed
only
by
persons
who
possess
a
legal
or
equitable
interest
in
the
specific
real
property
which
is
the
subject
of
the
decision,
or
who
own
or
reside
on
real
property
any
part
of
which
is
located
within
five
hundred
(500)
feet
of
the
specific
real
property
which
is
the
subject
of
the
decision.
Notwithstanding
the
foregoing,
appeals
pertaining
to
the
application
and
enforcement
of
the
International
Building
Code
(as
adopted
and
amended
by
the
city)
shall
be
processed
in
accordance
with
Section
5-‐27(1)
of
the
City
Code.
(Ord.
No.
90,
1998,
5/19/98;
Ord.
No.
177,
1998
§1,
10/20/98;
Ord.
No.
228,
1998
§§7—9,
12/15/98;
Ord.
No.
049,
2008
§2,
5/20/08;
Ord.
No.
089,
2014
§§16,
17,
7/1/14;
Ord.
No.
045,
2015,
§3,
5/3/16
)
DIVISION
2.8
MODIFICATION
OF
STANDARDS
2.8.1
Purpose
and
Applicability
The
decision
maker
is
empowered
to
grant
modifications
to
the
General
Development
Standards
contained
in
Article
3
and
the
Land
Use
Standards
and
Development
Standards
contained
in
Article
4
and
any
separation
or
proximity
standards
that
are
established
as
a
specific
measurement
of
distance
in
the
District
Permitted
Uses
contained
in
Article
4,
either
for:
(1)
overall
development
plans,
project
development
plans,
and/or
applications
subject
to
basic
development
review
that
are
pending
approval
at
the
time
that
the
request
for
proposed
modification
is
filed;
(2)
overall
development
plans
and/or
project
development
plans
which
the
applicant
intends
to
file,
provided
that
such
plans
are
in
fact
filed
with
the
Director
as
development
applications
within
one
(1)
year
following
the
determination
of
the
decision
maker
on
the
request
for
the
proposed
modification;
(3)
development
plans
approved
under
the
Land
Use
Code
or
prior
law
and
which
are
sought
to
be
amended
(either
as
a
minor
or
major
amendment)
pursuant
to
Section
2.2.10.
This
modification
of
standards
process
shall
not
apply
so
as
to
allow
any
modification
of
the
requirements
contained
in
Division
4.29
of
this
Code.
(Ord.
No.
90,
1998,
5/19/98;
Ord.
No.
177,
1998
§1,
10/20/98;
Ord.
No.
41,
1999
§2,
3/16/99;
Ord.
No.
165,
1999
§11,
11/16/99;
Ord.
No.
173,
2003
§6,
12/16/03;
Ord.
No.
024,
2013
§3,
2/26/13;
Ord.
No.
104,
2019
,
§2,
9/3/19)
2.8.2
Modification
Review
Procedures
A
request
for
modification
to
the
standards
shall
be
processed
according
to,
in
compliance
with
and
subject
to
the
provisions
contained
in
Division
2.1
and
Steps
1
through
12
of
the
Common
Development
Review
Procedures
(Sections
2.2.1
through
2.2.12,
inclusive)
as
set
forth
below.
Once
a
modification
is
approved,
it
shall
be
controlling
for
the
successive,
timely
filed,
development
applications
for
that
particular
development
proposal
only
to
the
extent
that
it
modifies
the
standards
pertaining
to
such
plan.
(A)
Step
1
(Conceptual
Review):
Applicable.
(B)
Step
2(Neighborhood
Meeting):
Not
applicable.
(C)
Step
3(Development
Application
Submittal):
All
items
or
documents
required
for
a
Modification
of
Standards
as
described
in
the
development
application
submittal
master
list
shall
be
submitted.
The
Director
may
waive
or
modify
the
foregoing
submittal
requirements
if,
given
the
facts
and
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circumstances
of
the
specific
application,
a
particular
requirement
would
either
be
irrelevant,
immaterial,
redundant
or
otherwise
unnecessary
for
the
full
and
complete
review
of
the
application.
(D)
Step
4(Review
of
Applications):
Applicable.
(E)
Step
5(Staff
Report):
Applicable.
(F)
Step
6
(Notice):
Section
2.2.6(A),
(B)
and
(C)
apply.
Section
2.2.6(D)
shall
not
apply.
(G)
Step
7(A)
(Decision
Maker):
Applicable,
and
in
explanation
thereof
and
in
addition
thereto,
if
an
application
for
a
modification
of
standards
pertains
to
a
minor
amendment
or
a
development
plan
that
is
subject
to
administrative
review
or
basic
development
review,
the
Director
shall
be
the
designated
decision
maker,
except
that,
at
the
option
of
the
applicant,
the
application
may
be
considered
by
the
Planning
and
Zoning
Board;
and
if
an
application
for
a
modification
of
standards
pertains
to
a
development
plan
which
is
subject
to
Planning
and
Zoning
Board
review,
the
Planning
and
Zoning
Board
shall
be
the
designated
decision
maker.
If
the
application
is
for
a
modification
of
standards
pertaining
to
a
development
plan
previously
approved
under
prior
law
or
not
yet
filed,
the
Director
shall
determine
whether
such
development
plan
would
have
been,
or
will
be,
subject
to
administrative
review
or
Planning
and
Zoning
Board
review
and
shall
identify
the
decision
maker
accordingly.
In
all
cases,
the
decision
maker
shall
review,
consider
and
approve,
approve
with
conditions
or
deny
an
application
for
a
modification
of
standards
based
on
its
compliance
with
all
of
the
standards
contained
in
Step
8.
Step
7(B)—(G)(1)
(Conduct
of
Public
Hearing,
Order
of
Proceedings
at
Public
Hearing,
Decision
and
Findings,
Notification
to
Applicant,
Record
of
Proceedings,
Recording
of
Decisions
and
Plats,
Filing
with
City
Clerk):
Applicable.
Step
7(G)(2)
(Final
Plats
Recorded
with
County
Clerk
and
Recorder):
Not
applicable.
(H)
Step
8
(Standards):
Applicable,
and
the
decision
maker
may
grant
a
modification
of
standards
only
if
it
finds
that
the
granting
of
the
modification
would
not
be
detrimental
to
the
public
good,
and
that:
(1)
the
plan
as
submitted
will
promote
the
general
purpose
of
the
standard
for
which
the
modification
is
requested
equally
well
or
better
than
would
a
plan
which
complies
with
the
standard
for
which
a
modification
is
requested;
or
(2)
the
granting
of
a
modification
from
the
strict
application
of
any
standard
would,
without
impairing
the
intent
and
purpose
of
this
Land
Use
Code,
substantially
alleviate
an
existing,
defined
and
described
problem
of
city-‐wide
concern
or
would
result
in
a
substantial
benefit
to
the
city
by
reason
of
the
fact
that
the
proposed
project
would
substantially
address
an
important
community
need
specifically
and
expressly
defined
and
described
in
the
city's
Comprehensive
Plan
or
in
an
adopted
policy,
ordinance
or
resolution
of
the
City
Council,
and
the
strict
application
of
such
a
standard
would
render
the
project
practically
infeasible;
or
(3)
by
reason
of
exceptional
physical
conditions
or
other
extraordinary
and
exceptional
situations,
unique
to
such
property,
including,
but
not
limited
to,
physical
conditions
such
as
exceptional
narrowness,
shallowness
or
topography,
or
physical
conditions
which
hinder
the
owner's
ability
to
install
a
solar
energy
system,
the
strict
application
of
the
standard
sought
to
be
modified
would
result
in
unusual
and
exceptional
practical
difficulties,
or
exceptional
or
undue
hardship
upon
the
owner
of
such
property,
provided
that
such
difficulties
or
hardship
are
not
caused
by
the
act
or
omission
of
the
applicant;
or
(4)
the
plan
as
submitted
will
not
diverge
from
the
standards
of
the
Land
Use
Code
that
are
authorized
by
this
Division
to
be
modified
except
in
a
nominal,
inconsequential
way
when
considered
from
the
perspective
of
the
entire
development
plan,
and
will
continue
to
advance
the
purposes
of
the
Land
Use
Code
as
contained
in
Section
1.2.2.
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Any
finding
made
under
subparagraph
(1),
(2),
(3)
or
(4)
above
shall
be
supported
by
specific
findings
showing
how
the
plan,
as
submitted,
meets
the
requirements
and
criteria
of
said
subparagraph
(1),
(2),
(3)
or
(4).
(I)
Step
9
(Conditions
of
Approval):
Applicable.
(J)
Step
10
(Amendments):
Not
Applicable.
(K)
Step
11
(Lapse):
All
Modifications
of
Standards
which
apply
to
a
pending
development
plan
or
a
development
plan
which
is
timely
filed
in
accordance
with
the
provisions
of
Section
2.8.1
shall
be
valid
in
accordance
with
the
lapse
provisions
contained
in
Section
2.2.11.
All
Modifications
of
Standards
which
apply
to
a
development
plan
which
has
not
been
filed
in
accordance
with
the
provisions
of
Section
2.8.1
shall
be
valid
for
a
period
of
time
not
to
exceed
one
(1)
year
following
the
determination
of
the
decision
maker
on
the
request
for
the
proposed
modification.
(L)
Step
12
(Appeal):
Applicable.
(Ord.
No.
177,
1998
§1,
10/20/98;
Ord.
No.
41,
1999
§2,
3/16/99;
Ord.
No.
37,
2000,
4/18/00;
Ord.
No.
59,
2000
§8,
6/6/00;
Ord.
No.
107,
2001
§8,
6/19/01;
Ord.
No.
173,
2003
§6,
12/16/03;
Ord.
No.
091,
2004
§4,
6/15/04;
Ord.
No.
070,
2005
§§2,
3,
7/5/05;
Ord.
No.
086,
2014
§18,
7/1/14;
Ord.
No.
104,
2019
,
§2,
9/3/19)
DIVISION
2.9
AMENDMENT
TO
TEXT
OF
CODE
AND/OR
ZONING
MAP
2.9.1
Purpose
The
purpose
of
this
division
is
to
provide
requirements
for
changing
the
text
of
this
code
or
the
boundaries
of
the
zone
districts
shown
on
the
zoning
map.
(Ord.
No.
177,
1998
§1,
10/20/98)
2.9.2
Applicability
Any
and
all
amendments
to
the
text
of
this
code
and
any
and
all
changes
to
the
zoning
map
must
be
processed
in
accordance
with
this
division.
only
the
Council
may,
after
recommendation
of
the
Planning
And
Zoning
Board,
adopt
an
ordinance
amending
the
text
of
this
code
or
the
Zoning
Map
in
accordance
with
the
provisions
of
this
Division.
(Ord.
No.
177,
1998
§1,
10/20/98;
Ord.
No.
99,
1999
§2,
6/15/99;
Ord.
No.
107,
2001
§9,
6/19/01;
Ord.
No.
204,
2001
§7,
12/18/01;
Ord.
No.
161
§4,
12/20/05;
Ord.
No.
131,
2006
§5,
9/19/06;
Ord.
No.
051,
2012
§6,
7/17/12)
2.9.3
Initiation
(A)
Amendment
To
Zoning
Map.
An
amendment
to
the
Zoning
Map
may
be
proposed
by
the
Council,
the
Planning
And
Zoning
Board,
the
Director
or
the
owners
of
the
property
to
be
rezoned.
(B)
Text
Amendment.
An
amendment
to
the
text
of
this
Code
may
be
proposed
by
the
Planning
and
Zoning
Board
or
the
Director.
(Ord.
No.
90,
1998,
5/19/98;
Ord.
No.
177,
1998
§1,
10/20/98;
Ord.
No.
120,
2008,
10/21/08)
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2.9.4
Text
and
Map
Amendment
Review
Procedures
An
amendment
to
the
text
of
this
Code
or
an
amendment
to
the
Zoning
Map
may
be
approved
by
the
City
Council
by
ordinance
after
receiving
a
recommendation
from
the
Planning
and
Zoning
Board.
Any
such
proposed
amendment
shall
be
processed
through
a
public
hearing
before
the
Planning
and
Zoning
Board,
which
hearing
shall
be
held
either
prior
to
City
Council
consideration
of
the
proposed
amendment
or
between
first
and
second
readings
of
the
ordinance
approving
the
amendment
which
will
provide
a
recommendation
to
the
City
Council.
(See
Steps
1
through
12
below).
The
City
Clerk
shall
cause
the
hearing
by
the
City
Council
to
be
placed
on
the
agenda
for
a
future
City
Council
meeting;
and
the
public
hearing
before
the
City
Council
shall
be
held
after
at
least
fifteen
(15)
days'
notice
of
the
time,
date
and
place
of
such
hearing
and
the
subject
matter
of
the
hearing
and
the
nature
of
the
proposed
zoning
change
has
been
given
by
publication
in
a
newspaper
of
general
circulation
within
the
City.
On
a
proposal
for
a
text
amendment,
the
Planning
and
Zoning
Board
shall
hold
a
hearing,
which
hearing
shall
be
held
either
prior
to
City
Council
consideration
of
the
proposed
amendment
or
between
first
and
second
readings
of
the
ordinance
approving
the
amendment.
Notice
shall
be
given
as
required
for
ordinances
pursuant
to
the
City
Charter.
The
City
Council
shall
then
approve,
approve
with
conditions
or
deny
the
amendment
based
on
its
consideration
of
the
Staff
Report,
the
Planning
and
Zoning
Board
recommendation
and
findings
and
the
evidence
from
the
public
hearings,
and
based
on
the
amendment's
compliance
with
the
standards
and
conditions
established
in
this
Section.
In
the
event
that
a
protest
is
filed
under
the
provisions
of
Section
31-‐23-‐305,
C.R.S.,
any
protested
zoning
change
shall
not
become
effective
except
by
the
favorable
vote
of
a
simple
majority
of
the
Councilmembers
present
and
voting
as
provided
in
Article
II,
Section
11
of
the
City
Charter.
(See
Steps
8
and
9
below).
The
Planning
and
Zoning
Board
processing
of
the
proposed
amendment
shall
be
according
to,
in
compliance
with
and
subject
to
the
provisions
contained
in
Steps
1
through
12
of
the
Common
Development
Review
Procedures
(Sections
2.2.1
through
2.2.12,
inclusive)
as
follows:
(A)
Step
1
(Conceptual
Review):
Not
applicable.
(B)
Step
2(Neighborhood
Meeting):
Not
applicable,
except
that,
with
respect
to
a
quasi-‐judicial
map
amendments
only,
the
Director
may
convene
a
neighborhood
meeting
to
present
and
discuss
a
proposal
of
known
controversy
and/or
significant
neighborhood
impacts.
(C)
Step
3(Development
Application
Submittal):
All
items
or
documents
required
for
amendments
to
the
text
of
this
Code
and/or
the
Zoning
Map
as
described
in
the
development
application
submittal
master
list
shall
be
submitted.
The
Director
may
waive
or
modify
the
foregoing
submittal
requirements
if,
given
the
facts
and
circumstances
of
the
specific
application,
a
particular
requirement
would
either
be
irrelevant,
immaterial,
redundant
or
otherwise
unnecessary
for
the
full
and
complete
review
of
the
application.
(D)
Step
4(Review
of
Applications):
Applicable.
(E)
Step
5(Staff
Report):
Applicable.
(F)
Step
6
(Notice):
(1)
Text
Amendments.
Not
applicable,
and
in
substitution
therefor,
notice
of
the
Planning
and
Zoning
Board
hearing
shall
be
given
in
accordance
with
Section
2-‐72
of
the
City
Code.
(However,
for
text
amendments
proposed
pursuant
to
subsection
1.3.4(C),
subsection
2.2.6(C)
shall
apply,
and
in
addition
the
notice
shall
name
the
specific
proposed
new
use
[or
uses]
to
be
added
to
the
zone
district
list
of
permitted
uses.)
(2)
Zonings
or
Rezonings
of
No
More
Than
Six
Hundred
Forty
(640)
Acres
(Quasi-‐judicial).
Subsection
2.2.6(A)
shall
apply
and
such
notices
shall
identify
the
proposed
new
zone
district(s),
as
well
as
the
uses
permitted
therein,
shall
indicate
whether
a
neighborhood
meeting
will
be
held
with
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60
regard
to
the
proposed
zoning
or
rezoning,
and
shall
inform
the
recipient
of
the
notice
of
the
name,
address
and
telephone
number
of
the
Director
to
whom
questions
may
be
referred
with
regard
to
such
zoning
change.
Subsections
2.2.6(B),
(C)
and
(D)
shall
apply,
and
the
published
notice
given
pursuant
to
subsection
2.2.6(C)
shall
provide
the
time,
date
and
place
of
the
hearing,
the
subject
matter
of
the
hearing
and
the
nature
of
the
proposed
zoning
change.
(3)
Zonings
or
Rezonings
of
More
Than
Six
Hundred
Forty
(640)
Acres
(Legislative).
Subsection
2.2.6(C)
shall
apply.
Subsections
2.2.6(A),
(B)
and
(D)
shall
not
apply.
(G)
Step
7(A)
(Decision
Maker):
P&Z
Review
applies.
Step
7(B)
(Conduct
of
Public
Hearing):
Applicable.
Step
7(C)
(Order
of
Proceedings
at
Public
Hearing):
Applicable.
Step
7(D)
(Decision
and
Findings):
Applicable,
except
that
the
Planning
and
Zoning
Board's
decision
shall
be
in
the
form
of
a
recommendation,
not
a
decision,
to
Council.
In
making
its
recommendation,
the
Planning
and
Zoning
Board
shall
consider
whether
the
application
or
proposal
complies
with
the
standards
contained
in
Step
8
of
this
Section.
Step
7(E)
(Notification
to
Applicant):
Not
applicable.
Step
7(F)
(Record
of
Proceedings):
Applicable.
Step
7(G)
(Recording
of
Decisions
and
Plats):
Not
applicable.
(H)
Step
8
(Standards):
Applicable,
as
follows:
(1)
Text
Amendments
and
Legislative
Zonings
or
Rezonings.
Amendments
to
the
text
of
this
Code,
and
amendments
to
the
Zoning
Map
involving
the
zoning
or
rezoning
of
more
than
six
hundred
forty
(640)
acres
of
land
(legislative
rezoning),
are
matters
committed
to
the
legislative
discretion
of
the
City
Council,
and
decisions
regarding
the
same
are
not
controlled
by
any
one
(1)
factor.
(2)
Mandatory
Requirements
for
Quasi-‐judicial
Zonings
or
Rezonings.
Any
amendment
to
the
Zoning
Map
involving
the
zoning
or
rezoning
of
six
hundred
forty
(640)
acres
of
land
or
less
(a
quasi-‐
judicial
rezoning)
shall
be
recommended
for
approval
by
the
Planning
and
Zoning
Board
or
approved
by
the
City
Council
only
if
the
proposed
amendment
is:
(a)
consistent
with
the
City's
Comprehensive
Plan;
and/or
(b)
warranted
by
changed
conditions
within
the
neighborhood
surrounding
and
including
the
subject
property.
(3)
Additional
Considerations
for
Quasi-‐Judicial
Zonings
or
Rezonings.
In
determining
whether
to
recommend
approval
of
any
such
proposed
amendment,
the
Planning
and
Zoning
Board
and
City
Council
may
consider
the
following
additional
factors:
(a)
whether
and
the
extent
to
which
the
proposed
amendment
is
compatible
with
existing
and
proposed
uses
surrounding
the
subject
land
and
is
the
appropriate
zone
district
for
the
land;
(b)
whether
and
the
extent
to
which
the
proposed
amendment
would
result
in
significantly
adverse
impacts
on
the
natural
environment,
including,
but
not
limited
to,
water,
air,
noise,
stormwater
management,
wildlife,
vegetation,
wetlands
and
the
natural
functioning
of
the
environment;
(c)
whether
and
the
extent
to
which
the
proposed
amendment
would
result
in
a
logical
and
orderly
development
pattern.
(I)
Step
9
(Conditions
of
Approval):
Applicable.
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60
(J)
Step
10
(Amendments):
Not
applicable.
(K)
Step
11
(Lapse):
Not
applicable.
(L)
Step
12
(Appeals):
Not
applicable.
(Ord.
No.
153,
1997
§1,
10/21/97;
Ord.
No.
177,
1998
§1,
10/20/98;
Ord.
No.
228,
1998
§10,
12/15/98;
Ord.
No.
165,
1999
§12,
11/16/99;
Ord.
No.
204,
2001
§§8,
9,
12/18/01;
Ord.
No.
104,
2006
§§4,
5,
7/18/06;
Ord.
081,
2007
§4,
7/17/07;
Ord.
No.
051,
2012
§7,
7/17/12;
Ord.
No.
086,
2014
§§19,
20,
7/1/14)
DIVISION
2.10
VARIANCES
2.10.1
Purpose
and
Applicability
The
purpose
of
this
Division
is
to
authorize,
in
specific
cases,
variances
from
the
terms
of
Articles
3
and
4
or,
if
applicable,
Articles
I
through
IV
of
the
Transitional
Land
Use
Regulations.
However,
this
variance
procedure
shall
apply
only
to
approved
site
specific
development
plans
or
to
properties
that
were
developed
pursuant
to
a
basic
development
review
or
use-‐by-‐right
under
prior
law
and
shall
only
authorize
a
variance
from
the
terms
of
Articles
3
and
4
as
provided
in
this
Division.
It
shall
not
authorize
a
change
in
use
other
than
to
a
use
that
is
allowed
subject
to
basic
development
review.
Also,
the
variance
shall
not
be
used
for
overall
development
plans,
project
development
plans
or
final
plans
which
are
pending
approval
at
the
time
that
the
request
for
the
variance
is
filed.
The
process
to
be
used
for
such
pending
development
applications
is
the
procedure
established
in
Division
2.8
(Modification
of
Standards).
(Ord.
No.
90,
1998,
5/19/98;
Ord.
No.
177,
1998
§1,
10/20/98;
Ord.
No.
107,
2001
§11,
6/19/01;
Ord.
No.
204,
2001
§1,
12/18/01)
2.10.2
Variances
By
the
Director
(A)
The
Director
shall
be
authorized
to
grant
the
following
types
of
variances,
subject
to
the
variance
review
procedure
in
Section
2.10.4
below:
(1)
Setback
encroachment
of
up
to
ten
(10)
percent.
(2)
Fence
height
increase
of
up
to
one
(1)
foot.
(3)
In
the
N-‐C-‐L,
N-‐C-‐M,
and
N-‐C-‐B
zone
districts,
the
allowable
floor
area
in
the
rear
half
of
the
lot
increase
of
up
to
ten
(10)
percent,
provided
the
amount
of
increase
does
not
exceed
the
allowable
floor
area
for
the
entire
lot.
(4)
Building
height
increase
of
up
to
one
(1)
foot.
(B)
The
Director
may
refer
any
variance
described
in
(A)
above
to
the
Zoning
Board
of
Appeals
for
review
and
decision
if
the
Director
determines
that
the
application
under
consideration
raises
questions
as
to
compliance
with
the
requirements
for
compatibility
with
the
surrounding
neighborhood
that
are
appropriately
addressed
through
a
public
hearing
before
the
Zoning
Board
of
Appeals
that
will
allow
the
applicant
or
the
public,
or
both,
an
opportunity
to
provide
relevant
information
related
to
the
application.
(Ord.
No.
078,
2019
,
§2,
7/16/19)
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2)
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60
2.10.3
Variances
By
the
Zoning
Board
of
Appeals
The
Zoning
Board
of
Appeals
shall
be
authorized
to
grant
all
variances
not
subject
to
the
Director's
review
in
Section
2.10.2(A)
and
those
referred
by
the
Director.
The
Zoning
Board
of
Appeals
shall
follow
the
variance
review
procedure
in
Section
2.10.4
below.
(Ord.
No.
078,
2019
,
§2,
7/16/19)
2.10.4
Variance
Review
Procedures
A
variance
shall
be
processed
according
to,
in
compliance
with
and
subject
to
the
provisions
contained
in
Division
2.1
and
Steps
1
through
12
of
the
Common
Development
Review
Procedures
(Sections
2.2.1
through
2.2.12,
inclusive)
as
follows:
(A)
Step
1
(Conceptual
Review):
Not
applicable.
(B)
Step
2(Neighborhood
Meeting):
Not
applicable.
(C)
Step
3(Development
Application
Submittal):
All
items
or
documents
required
for
variances
as
described
in
the
development
application
submittal
master
list
shall
be
submitted.
The
Director
may
waive
or
modify
the
foregoing
submittal
requirements
if,
given
the
facts
and
circumstances
of
the
specific
application,
a
particular
requirement
would
either
be
irrelevant,
immaterial,
redundant
or
otherwise
unnecessary
for
the
full
and
complete
review
of
the
application.
(D)
Step
4(Review
of
Applications):
Applicable.
(E)
Step
5(Staff
Report):
Not
applicable.
(F)
Step
6
(Notice):
For
variances
reviewed
by
the
Director
or
the
Zoning
Board
of
Appeals
subsection
2.2.6(A)
only
applies,
except
that
a
variance
reviewed
by
the
Director
shall
require
mailed
written
notice
fourteen
(14)
days
prior
to
the
decision
instead
of
the
hearing/meeting
date
and
for
variances
reviewed
by
the
Director
or
the
Zoning
Board
of
Appeals,
"eight
hundred
(800)
feet"
shall
be
changed
to
"one
hundred
fifty
(150)
feet,"
and
for
single-‐family
houses
in
the
NCL
and
NCM
zone
districts,
eight
hundred
(800)
feet
shall
be
changed
to
five
hundred
(500)
feet
for
variance
requests
for:
(1)
Construction
that
results
in
a
two-‐story
house
where
a
one-‐story
house
previously
existed
and
where
there
is
at
least
one
(1)
lot
abutting
the
side
of
the
subject
lot
and
the
house
on
such
abutting
lot
is
one
(1)
story;
or
(2)
Construction
of
a
new
house
that
is
greater
than
two
thousand
five
hundred
(2,500)
square
feet;
or
(3)
Construction
of
an
addition
that
results
in
a
total
square
footage
of
more
than
three
thousand
(3,000)
square
feet.
(G)
Step
7(A)
(Decision
Maker):
Not
applicable,
and
in
substitution
for
Section
2.2.7(A),
the
Director
or
Zoning
Board
of
Appeals,
pursuant
to
Chapter
2
of
the
City
Code,
shall
review,
consider
and
approve,
approve
with
conditions,
or
deny
applications
for
variance
based
on
its
compliance
with
all
of
the
standards
contained
in
Step
8.
Step
7(B)—(G)(1)
Zoning
Board
of
Appeals
Review
Only
(Conduct
of
Public
Hearing,
Order
of
Proceedings
at
Public
Hearing,
Decision
and
Findings,
Notification
to
Applicant,
Record
of
Proceedings,
Recording
of
Decisions
and
Plats,
Filing
with
City
Clerk):
Applicable.
Step
7(B)—(C)
and
(E)—(G)(1)
Director
Review
Only
(Conduct
of
Public
Hearing,
Order
of
Proceedings
as
Public
Hearing):
Not
applicable.
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60
Step
7(D)
Director
Review
Only
(Decision
and
Findings):
Applicable
and
in
substitution
thereof,
the
Director
shall
issue
a
written
decision
to
approve,
approve
with
conditions,
or
deny
the
variance
request.
The
written
decision
shall
be
mailed
to
the
applicant
and
to
the
property
owners
to
whom
notice
was
originally
mailed
and
shall
also
be
posted
on
the
City's
website
at
www.fcgov.com.
(H)
Step
8
(Standards):
Applicable,
and
the
Director
or
Zoning
Board
of
Appeals
may
grant
a
variance
from
the
standards
of
Articles
3
and
4
only
if
it
finds
that
the
granting
of
the
variance
would
neither
be
detrimental
to
the
public
good
nor
authorize
any
change
in
use
other
than
to
a
use
that
is
allowed
subject
to
basic
development
review;
and
that:
(1)
by
reason
of
exceptional
physical
conditions
or
other
extraordinary
and
exceptional
situations
unique
to
such
property,
including,
but
not
limited
to,
physical
conditions
such
as
exceptional
narrowness,
shallowness
or
topography,
or
physical
conditions
which
hinder
the
owner's
ability
to
install
a
solar
energy
system,
the
strict
application
of
the
standard
sought
to
be
varied
would
result
in
unusual
and
exceptional
practical
difficulties,
or
exceptional
or
undue
hardship
upon
the
occupant
of
such
property,
or
upon
the
applicant,
provided
that
such
difficulties
or
hardship
are
not
caused
by
the
act
or
omission
of
the
occupant
or
applicant;
(2)
the
proposal
as
submitted
will
promote
the
general
purpose
of
the
standard
for
which
the
variance
is
requested
equally
well
or
better
than
would
a
proposal
which
complies
with
the
standard
for
which
the
variance
is
requested;
or
(3)
the
proposal
as
submitted
will
not
diverge
from
the
standards
of
the
Land
Use
Code
that
are
authorized
by
this
Division
to
be
varied
except
in
a
nominal,
inconsequential
way
when
considered
in
the
context
of
the
neighborhood,
and
will
continue
to
advance
the
purposes
of
the
Land
Use
Code
as
contained
in
Section
1.2.2.
Any
finding
made
under
subparagraph
(1),
(2)
or
(3)
above
shall
be
supported
by
specific
findings
showing
how
the
proposal,
as
submitted,
meets
the
requirements
and
criteria
of
said
subparagraph
(1),
(2)
or
(3).
(I)
Step
9
(Conditions
of
Approval):
Applicable.
(J)
Step
10
(Amendments):
Not
Applicable.
(K)
Step
11
(Lapse):
Any
variance
that
applies
to
the
issuance
of
a
Building
Permit
shall
expire
six
(6)
months
after
the
date
that
such
variance
was
granted,
unless
all
necessary
permits
have
been
applied
for;
provided,
however,
that
for
good
cause
shown,
the
Director
may
authorize
a
longer
term
if
such
longer
term
is
reasonable
and
necessary
under
the
facts
and
circumstances
of
the
case,
but
in
no
event
shall
the
period
of
time
for
applying
for
all
necessary
permits
under
a
variance
exceed
twelve
(12)
months
in
length.
One
(1)
six-‐month
extension
may
be
granted
by
the
Director.
(L)
Step
12
(Appeals):
(1)
Applicable
and
in
substitution
thereof,
variances
decided
by
the
Director
are
appealable
to
the
Zoning
Board
of
Appeals.
Any
such
appeal
must
be
initiated
by
filing
a
notice
of
appeal
of
the
final
decision
of
the
Director
within
fourteen
(14)
days
after
the
decision
that
is
the
subject
of
the
appeal.
The
appeal
hearing
before
the
Zoning
Board
of
Appeals
shall
be
considered
a
new,
or
de
novo,
hearing.
The
decision
of
the
Zoning
Board
of
Appeals
on
such
appeals
shall
constitute
a
final
decision
appealable
to
City
Council
pursuant
to
Section
2.2.12
(Step
12).
(2)
Applicable
to
variances
reviewed
by
the
Zoning
Board
of
Appeals.
(Ord.
No.
177,
1998
§1,
10/20/98;
Ord.
No.
228,
1998
§11,
12/15/98;
Ord.
No.
165,
1999
§13,
11/16/99;
Ord.
No.
59,
2000
§9,
6/6/00;
Ord.
No.
183,
2000
§8,
12/19/00;
Ord.
No.
107,
2001
§§12—16,
6/19/01;
Ord.
No.
204,
2001
§1,
12/18/01;
Ord.
No.
087,
2002
§1,
6/4/02;
Ord.
No.
198,
2004
§2,
12/21/04;
Ord.
No.
033,
2013
§1,
3/5/13;
Ord.
No.
086,
2014
§§21,
22,
7/1/14;
Ord.
No.
078,
2019
,
§2,
7/16/19)
ARTICLE
2
-‐
ADMINISTRATION
DIVISION
2.11
APPEAL
FROM
ADMINISTRATIVE
DECISIONS
Fort
Collins,
Colorado,
Land
Use
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Update
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DIVISION
2.11
APPEAL
FROM
ADMINISTRATIVE
DECISIONS
2.11.1
Purpose
and
Applicability
(A)
Purpose.
The
purpose
of
this
Division
is
to
provide
for
appeals
of
certain
administrative/city
staff
decisions
to
the
Zoning
Board
of
Appeals.
(B)
Applicability.
This
Division
shall
apply
to
appeals
from
an
administrative
decision
regarding
the
interpretation
and/or
application
of
the
land
use
regulations
which
preceded
this
Land
Use
Code,
and
to
appeals
from
the
following
administrative
decisions
made
under
this
Land
Use
Code,
provided
such
administrative
decision
is
not
for
approval,
approval
with
conditions,
or
denial
either
of
a
project
development
plan
or
a
final
plan
pursuant
to
Divisions
2.4
or
2.5
or
of
an
administrative
amendment/abandonment
of
any
such
plan
or
of
any
plan
approved
under
prior
law,
processed
pursuant
to
Section
2.2.10
(Step
10):
(1)
Addition
of
a
Permitted
Use
by
Director
(but
not
by
Planning
and
Zoning
Board)
under
Section
1.3.4;
(2)
Issuance
of
a
written
administrative
interpretation
under
Section
1.4.3;
(3)
Establishment
of
the
Development
Application
Submittal
Requirements
under
Section
2.2.3(C);
(4)
Waiver
of
Development
Application
Submittal
Requirements
under
Section
2.2.3(C);
(5)
Waiver
of
a
neighborhood
meeting
by
the
Director
under
Section
2.2.2;
(6)
Establishment
of
Development
Review
Fees
by
the
City
Manager
under
Section
2.2.3(D),
adopted
administratively
and
not
by
Council
resolution;
(7)
The
issuance
of
a
Stockpiling
Permit
under
Section
2.6.3.
(8)
The
issuance
of
a
Development
Construction
Permit
under
Section
2.6.3.
(9)
The
issuance
of
a
Building
Permit
under
Section
2.7.3.
(10)
Decisions
of
the
City
Engineer
made
under
the
provisions
of
Section
3.3.2(C)
of
this
Land
Use
Code,
or
Section
29-‐14
of
the
Transitional
Land
Use
Regulations.
Appeals
from
administrative
decisions
on
a
project
development
plan
or
a
final
plan
shall
be
governed
by
Division
2.4
or
2.5,
respectively.
Appeals
from
an
administrative
decision
on
an
amendment/
abandonment
of
an
approved
development
plan
or
site
specific
development
plan
shall
be
governed
by
Section
2.2.10
(Step
10).
Any
action
taken
in
reliance
upon
an
appealed
administrative
decision
during
the
pendency
of
the
appeal
shall
be
totally
at
the
risk
of
the
person(s)
taking
such
action
and
the
city
shall
not
be
liable
for
any
damages
arising
from
any
such
action.
(11)
The
issuance,
denial,
modification
or
revocation
of
an
Off-‐Site
Construction
Staging
License
under
Section
3.8.35.
(Ord.
No.
90,
1998,
5/19/98;
Ord.
No.
177,
1998
§§1,
2,
10/20/98;
Ord.
No.
178,
1998
§7,
10/20/98;
Ord.
No.
59,
2000
§10,
6/6/00;
Ord.
No.
204,
2001
§3,
12/18/01;
Ord.
No.
173,
2003
§7,
12/16/03;
Ord.
No.
073,
2008
§3,
7/1/08;
Ord.
No.
155,
2015
§4,
12/15/15
;
Ord.
No.
129,
2017
,
§
3,
10/3/17)
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Update
2)
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2.11.2
Administrative
Appeal
Review
Procedures
An
appeal
from
an
administrative
decision
shall
be
processed
according
to,
in
compliance
with
and
subject
to
the
provisions
contained
in
Division
2.1
and
Steps
1
through
12
of
the
Common
Development
Review
Procedures
(Sections
2.2.1
through
2.2.12,
inclusive)
as
follows:
(A)
Step
1
(Conceptual
Review):
Not
applicable.
(B)
Step
2(Neighborhood
Meeting):
Not
applicable.
(C)
Step
3(Development
Application
Submittal):
All
items
or
documents
required
for
an
appeal
from
an
administrative
decision
as
described
in
the
development
application
submittal
master
list
shall
be
submitted.
The
Director
may
waive
or
modify
the
foregoing
submittal
requirements
if,
given
the
facts
and
circumstances
of
the
specific
application,
a
particular
requirement
would
either
be
irrelevant,
immaterial,
redundant
or
otherwise
unnecessary
for
the
full
and
complete
review
of
the
application.
(D)
Step
4(Review
of
Applications):
Applicable.
(E)
Step
5(Staff
Report):
Applicable.
(F)
Step
6
(Notice):
Only
Section
2.2.6(A)
applies,
except
that
"14
days"
shall
be
changed
to
"7
days,"
everywhere
it
occurs
in
Section
2.2.6.
Section
2.2.6(B)-‐(D)
shall
not
apply.
(G)
Step
7(A)
(Decision
Maker):
Not
applicable,
and
in
substitution
for
Section
2.2.7(A),
the
Zoning
Board
of
Appeals,
pursuant
to
Chapter
2
of
the
City
Code,
shall
review,
consider
and
uphold,
modify
or
overturn
the
administrative
decision
which
is
the
subject
of
the
appeal
based
on
its
compliance
with
all
of
the
standards
contained
in
Step
8
of
this
Section.
Step
7(B)—(G)
(Conduct
of
Public
Hearing,
Order
of
Proceedings
at
Public
Hearing,
Decision
and
Findings,
Notification
to
Applicant,
Record
of
Proceedings,
Recording
of
Decisions
and
Plats):
Applicable.
(H)
Step
8
(Standards):
Applicable,
and
an
appeal
from
an
administrative
decision
shall
be
determined
based
upon
the
same
standards
which
applied
to
the
underlying
administrative
decision.
Any
appeal
that
is
taken
pursuant
to
this
Division
must
be
taken
not
later
than
fourteen
(14)
days
from
the
date
that
the
administrative
decision
was
made;
and,
except
for
administrative
decisions
which
are
not
focused
upon
a
specific
parcel
of
real
property
(are
general
in
nature),
may
be
filed
only
by
persons
who
possess
a
legal
or
equitable
interest
in
the
specific
real
property
which
is
the
subject
of
the
decision,
or
who
own
or
reside
within
real
property
any
part
of
which
is
located
within
eight
hundred
(800)
feet
of
the
specific
real
property
which
is
the
subject
of
the
decision.
(I)
Step
9
(Conditions
of
Approval):
Applicable.
(J)
Step
10
(Amendments):
Not
applicable.
(K)
Step
11
(Lapse):
Not
applicable.
(L)
Step
12
(Appeals):
Applicable.
(Ord.
No.
90,
1998,
5/19/98;
Ord.
No.
177,
1998
§1,
10/20/98;
Ord.
No.
177,
2002
§4,
12/17/02;
Ord.
No.
086,
2014
§23,
7/1/14;
Ord.
No.
065,
2015
§1,
7/7/15
)
DIVISION
2.12
ANNEXATION
AND
DISCONNECTION
OF
LAND
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Update
2)
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2.12.1
Compliance
with
state
law
Annexation
of
lands
to
the
City
shall
be
in
accordance
with
the
laws
of
the
state
in
effect
from
time
to
time.
(Ord.
No.
177,
1998
§1,
10/20/98)
2.12.2
Petitions
for
Annexation
and
Annexation
Plats
In
addition
to
all
state
statutory
filing
and
procedural
requirements,
all
petitions
for
annexation
and
annexation
plats
shall
be
submitted
to
the
City
Clerk,
with
a
copy,
and
application
fee,
to
the
Director.
The
City
Clerk
shall
schedule
the
petitions
for
a
meeting
of
the
City
Council
held
at
least
fifteen
(15)
days
after
the
date
the
City
Clerk
receives
the
petition
and
plat.
(Ord.
No.
177,
1998
§1,
10/20/98;
Ord.
No.
204,
2001
§10,
12/18/01;
Ord.
No.
087,
2002
§2,
6/4/02)
2.12.3
Hearing
and
Report
by
Planning
and
Zoning
Board
The
Planning
and
Zoning
Board
shall
hold
a
hearing
on
the
matter
of
such
annexation
and
shall
make
a
report
and
recommendation
to
the
City
Council.
Such
report
shall
include
a
recommendation
on
the
proper
zoning
for
the
lands
if
the
City
Council
annexes
such
lands
into
the
City.
(Ord.
No.
177,
1998
§1,
10/20/98)
2.12.4
Annexation
of
Uses
Not
Legally
Permitted
Except
as
provided
below,
any
use
that
exists
on
a
separately
owned
parcel
outside
the
City
and
that
is
not
legally
permitted
by
the
county
must
cease
and
be
discontinued
before
the
City
Council
adopts,
on
second
reading,
an
annexation
ordinance
annexing
any
such
property
except
as
provided
herein.
In
the
event
that
a
property
containing
a
use
that
is
not
legal
pursuant
to
county
regulations
is
proposed
to
be
annexed
into
the
City
and
placed
into
a
zone
district
wherein
such
use
is
a
permitted
use,
said
use
must
be
reviewed
and
processed
as
set
forth
in
Article
4
(i.e.,
Type
1
review
or
Type
2
review)
for
the
zone
district
in
which
the
land
is
proposed
to
be
located,
and
shall
comply
with
the
applicable
standards
contained
in
Articles
3
and
4.
A
development
application
for
such
review
must
be
filed
with
the
City
within
sixty
(60)
days
following
the
effective
date
of
annexation.
Such
use
shall
be
temporarily
permitted
for
a
period
not
to
exceed
six
(6)
months
following
the
date
of
second
reading
of
the
annexation
ordinance.
In
the
event
that
the
development
application
is
not
approved
within
said
six-‐month
period,
then
the
use
shall
be
discontinued
within
thirty
(30)
days
following
the
date
of
the
decision
of
denial
or
expiration
of
said
six-‐month
period,
whichever
first
occurs,
except
that
the
Director
may
grant
one
(1)
extension
of
the
foregoing
six-‐month
requirement,
which
extension
may
not
exceed
three
(3)
months
in
length.
In
the
event
that
the
development
application
is
approved,
then
such
use
shall
be
brought
into
full
compliance
with
this
Land
Use
Code
and
the
decision
made
thereunder
by
the
decision
maker
within
sixty
(60)
days
following
the
date
of
final
plan
approval.
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
effective
date
of
annexation;
(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
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44
of
60
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
effective
date
of
annexation,
whichever
comes
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.
(Ord.
No.
177,
1998
§1,
10/20/98;
Ord.
No.
228,
1998
§12,
12/15/98;
Ord.
No.
091,
2004
§5,
6/15/04;
Ord.
No.
070,
2005
§4,
7/5/05;
Ord.
No.
108,
2005
10/4/05;
Ord.
No.
066,
2009
§3,
7/7/09;
Ord.
No.
068,
2010
§4,
7/6/10)
2.12.5
Effective
Date
of
Annexation
An
annexation
shall
take
effect
upon
the
last
to
occur
of
the
following
events:
(1)
the
tenth
(10th)
day
following
passage
on
second
reading
of
the
annexation
ordinance
(except
for
emergency
ordinances);
and
(2)
the
filing
for
recording
of
three
(3)
certified
copies
of
the
annexation
ordinance
and
map
of
the
area
annexed,
containing
a
legal
description
of
such
area,
with
the
Larimer
County
Clerk
and
Recorder.
(Ord.
No.
177,
2002
§5,
12/17/02)
2.12.6
Application
for
Disconnection,
Enactment,
Filing
When
the
owner
of
a
tract
of
land
within
and
adjacent
to
the
boundary
of
the
City
desires
to
have
said
tract
disconnected
from
the
City,
such
owner
may
apply
to
the
City
Council
for
the
enactment
of
an
ordinance
disconnecting
such
tract
of
land
from
the
City.
On
receipt
of
such
application,
it
is
the
duty
of
the
City
Council
to
give
due
consideration
to
such
application,
and,
if
the
City
Council
is
of
the
opinion
that
the
best
interests
of
the
City
will
not
be
prejudiced
by
the
disconnection
of
such
tract,
it
shall
enact
an
ordinance
effecting
such
disconnection.
If
such
an
ordinance
is
enacted,
it
shall
be
immediately
effective
upon
filing
with
the
county
Clerk
and
Recorder
to
accomplish
the
disconnection,
and
two
(2)
certified
copies
thereof
shall
also
be
filed
with
the
county
Clerk
and
Recorder.
The
county
Clerk
and
Recorder
shall
file
one
(1)
certified
copy
with
the
Division
of
Local
Government
in
the
Department
of
Local
Affairs,
as
provided
by
Section
24-‐32-‐109,
C.R.S.,
and
the
other
copy
shall
be
filed
with
the
Department
of
Revenue,
as
provided
by
Section
31-‐12-‐113(2)(a.5),
C.R.S.
(Ord.
No.
129,
2008
§1,
10/14/08)
DIVISION
2.13
VESTED
RIGHTS
AND
TAKINGS
DETERMINATIONS
2.13.1
Purpose
The
purpose
of
this
division
is
to
provide
a
procedure
for
relief,
where
appropriate,
to
persons
who
claim
that
the
application
of
this
code
has
interfered
with
their
vested
rights
to
develop,
or
who
claim
that
their
property
has
been
taken
by
reason
of
the
application
of
this
code.
The
provisions
and
procedures
of
this
Division
shall
be
followed
to
conclusion
prior
to
seeking
relief
from
the
courts
based
upon
any
claim
of
vested
rights,
or
any
alleged
denial
of
economically
beneficial
use
of
land,
any
alleged
lack
of
reasonable
nexus
of
a
condition
imposed
by
the
City
to
potential
impacts
of
development,
any
lack
of
rough
proportionality
of
a
condition
imposed
by
the
City
to
potential
impacts
of
development,
any
deprivation
of
due
process
which
causes
a
taking,
or
any
other
taking
of
real
property.
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58,
Update
2)
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45
of
60
(Ord.
No.
177,
1998
§1,
10/20/98;
Ord.
No.
086,
2014
§24,
7/1/14)
2.13.2
Administrative
Process/Hearing
Officer
There
is
hereby
established
the
following
Vested
Rights
Determination
and
Takings
Determination
Procedures
for
the
purpose
of
identifying
certain
parcels
of
real
property
in
the
City
that
should
be
made
exempt,
or
partially
exempt,
from
the
application
of
any
portion
of
this
Code.
An
owner
or
developer
of
real
property
in
the
City
who
claims
such
an
exemption
on
the
basis
of
development
rights
that
have
vested
under
the
criteria
contained
in
Section
2.13.10
may
seek
a
Vested
Rights
Determination
in
accordance
with
the
procedures
described
in
this
Division.
Furthermore,
an
owner
or
developer
of
real
property
in
the
City
who
claims
that
such
property
has
been
taken
without
just
compensation
or
who
claims
a
deprivation
of
due
process
may
seek
a
Takings
Determination
in
accordance
with
the
procedures
described
in
this
Division.
With
regard
to
a
Takings
Determination,
the
owner
or
developer
may
assert
any
legally
recognized
takings
claim,
including,
but
not
limited
to,
a
claim
that
he
or
she
has
been
deprived
of
"all
economically
beneficial
use"
of
his
or
her
property,
that
a
condition
imposed
by
the
City
does
not
have
a
"reasonable
nexus"
to
the
potential
impacts
of
his
or
her
development,
that
such
a
condition
is
not
"roughly
proportional"
to
the
potential
impacts
of
his
or
her
development,
or
that
actions
taken
by
the
City
under
this
Code
have
resulted
in
a
deprivation
of
due
process.
Such
persons
will
be
provided
an
opportunity
for
a
public
hearing,
the
right
to
present
and
rebut
evidence,
a
formal
record
and
an
impartial
Hearing
Officer
in
accordance
with
the
following
procedures.
Such
Hearing
Officer
shall
be
selected
and
appointed
by
the
City
Manager
and
shall
be
an
attorney
licensed
to
practice
law
in
the
State
of
Colorado,
with
experience
in
land
use
matters.
Subject
to
the
procedures
hereinafter
provided,
the
Hearing
Officer
shall
issue
formal
findings
of
fact,
conclusions
of
law
and
a
Vested
Rights
Determination
and/or
Takings
Determination,
depending
on
the
nature
of
the
claim
asserted
by
the
applicant.
The
claims
shall
be
reviewed
according
to
the
following
procedure:
(Ord.
No.
177,
1998
§1,
10/20/98;
Ord.
No.
086,
2014
§25,
7/1/14)
2.13.3
Application
An
Application
for
vested
rights
determination
or
takings
determination
shall
be
submitted
to
the
Director
in
the
form
established
by
the
director.
An
application
fee
in
the
amount
of
two
thousand
five
hundred
dollars
($2,500.00)
per
application
(i.e.,
$2,500.00
for
vested
rights,
$2,500.00
for
takings,
whichever
is
applied
for)
shall
accompany
and
be
part
of
the
application.
the
application
shall,
at
a
minimum,
include:
(A)
the
name,
address
and
telephone
number
of
the
property
owner
and
authorized
applicant
if
other
than
the
owner;
(B)
the
street
address,
legal
description
and
acreage
of
the
property;
and
(C)
for
Vested
Rights
Determinations,
all
factual
information
and
knowledge
reasonably
available
to
the
owner
and
applicant
to
address
the
criteria
established
in
Section
2.13.10.
(D)
for
Takings
Determination,
all
factual
information
and
knowledge
reasonably
available
to
the
owner
and
applicant
to
address
the
criteria
established
in
Section
2.13.11,
including,
without
limitation,
the
following:
(1)
documentation
of
the
date
of
purchase
and
the
purchase
price
of
such
property,
and
any
and
all
offers
to
purchase
such
property
made
by
any
person
within
the
last
three
(3)
years;
(2)
a
description
of
the
physical
features
present
on
such
property,
the
present
use
of
such
property,
the
use
of
such
property
at
the
time
it
was
purchased,
the
use
of
such
property
on
the
day
prior
to
the
time
of
the
adoption
of
this
Code,
the
uses
permitted
on
such
property
at
the
time
of
application
pursuant
to
this
Section,
and
a
detailed
description
of
the
regulations
which
are
alleged
to
result
in
an
elimination
of
economically
beneficial
use
of
the
land;
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(3)
evidence
of
any
investments
made
by
the
owner
to
improve
such
property,
the
date
the
improvements
were
made,
and
the
costs
of
the
improvements;
(4)
all
appraisals,
studies
and
any
other
supporting
evidence
related
to
such
property;
(5)
any
actions
taken
by
the
City
related
to
such
property;
(6)
a
description
of
the
use
which
the
owner
believes
represents
the
minimum
legally
required
economically
beneficial
use
of
such
property,
and
all
documentation,
studies
and
other
supporting
evidence
thereof.
The
application
fee
shall
be
applied
to
all
out-‐of-‐pocket
expenses
actually
incurred
by
the
City
in
connection
with
the
hearing
process,
including
without
limitation
fees
for,
and
expenses
incurred
by,
the
Hearing
Officer;
costs
of
reporting
and
transcribing
the
proceedings
before
the
Hearing
Officer;
and
costs
of
producing
of
exhibits.
The
application
fee
shall
not
be
applied
to
any
in-‐house
costs
incurred
by
the
City,
such
as
compensation
for
city
staff
time.
Any
portion
of
the
application
fee
not
used
by
the
City
to
pay
the
costs
referred
to
above
shall
forthwith
be
returned
to
the
applicant
upon
completion
of
the
hearing
and
appeal
process.
(Ord.
No.
177,
1998
§1,
10/20/98;
Ord.
No.
037,
2013
§9,
3/19/13;
Ord.
No.
086,
2014
§26,
7/1/14;
Ord.
No.
148,
2017
,
§7,
11/21/17;
Ord.
No.
063,
2018
,
§5,
6/5/18;
Ord.
No.
137,
2020
,
§8,
11/17/20)
2.13.4
Determination
of
Completeness
Within
five
(5)
working
days
after
receipt
of
an
Application
for
Vested
Rights
or
Takings
Determination,
the
Director
shall
determine
whether
the
application
submitted
is
complete.
If
he
or
she
determines
that
the
application
is
not
complete,
the
Director
shall
notify
the
applicant
in
writing
of
the
deficiencies.
The
Director
shall
take
no
further
steps
to
process
the
application
until
the
deficiencies
have
been
remedied.
(Ord.
No.
177,
1998
§1,
10/20/98)
2.13.5
Review
and
Determination
or
Recommendation
by
Director
and
City
Attorney
After
receipt
of
a
completed
Application
for
Vested
Rights
Determination
or
Takings
Determination,
the
Director
and
the
City
Attorney
shall
review
and
evaluate
the
application
in
light
of
all
of
the
criteria
in
Section
2.13.10
or
Section
2.13.11,
whichever
is
applicable.
Within
twenty
(20)
days
of
such
receipt
and
based
on
the
review
and
evaluation,
the
Director
and
the
City
Attorney
shall
prepare
a
written
recommendation
to
the
Hearing
Officer
that
the
application
should
be
denied,
granted
or
granted
with
conditions
by
the
Hearing
Officer.
Such
recommendations
shall
include
findings
of
fact
for
each
of
the
criteria
established
in
Section
2.13.10
or
2.13.11,
whichever
is
applicable,
to
the
extent
that
the
information
is
presented
or
obtained
or
inclusion
is
feasible
or
applicable.
If
the
Director
and
the
City
Attorney
agree,
based
on
the
review
and
evaluation,
that
the
Application
for
Determination
clearly
should
be
granted
or
granted
with
conditions,
then
they
may
enter
into
a
written
Stipulated
Determination
with
the
applicant,
in
lieu
of
the
written
recommendation
to
the
Hearing
Officer
and
the
provisions
in
Sections
2.13.6,
2.13.7,
and
2.13.8.
Any
such
Stipulated
Determination
shall
be
in
writing,
signed
by
the
City
Manager,
the
City
Attorney
and
the
applicant,
and
shall
be
approved
by
the
City
Council
by
resolution
at
its
next
regularly-‐scheduled
meeting
which
is
at
least
fourteen
(14)
days
from
the
date
such
Stipulated
Determination
is
signed.
Said
Stipulated
Determination
shall
include
findings
of
fact
and
conclusions
of
law
based
on
the
criteria
established
in
Section
2.13.10
or
Section
2.13.11,
whichever
is
applicable,
and
the
determination
granting
or
granting
with
conditions,
in
whole
or
in
part,
the
application.
In
the
event
that
a
proposed
Stipulated
Determination
is
rejected
by
the
City
Council,
it
shall
be
referred
to
the
Hearing
Officer
for
a
hearing
and
Determination
in
accordance
with
the
procedures
described
in
Sections
2.13.6
through
2.13.9
below.
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Update
2)
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(Ord.
No.
177,
1998
§1,
10/20/98)
2.13.6
Review
and
Determination
by
Hearing
Officer
No
later
than
thirty
(30)
days
after
receipt
by
the
Hearing
Officer
of
the
Application
for
Determination
and
the
written
recommendation
of
the
Director
and
the
City
Attorney,
the
Hearing
Officer
shall
hold
a
public
hearing
on
the
application.
Written
notice
of
the
hearing
shall
be
mailed
by
the
City
to
the
applicant
at
least
fourteen
(14)
days
prior
to
the
scheduled
hearing.
At
the
hearing,
the
Hearing
Officer
shall
take
evidence
and
sworn
testimony
in
regard
to
the
criteria
set
forth
in
Section
2.13.10
or
Section
2.13.11,
whichever
is
applicable,
and
shall
follow
such
rules
of
procedure
as
may
be
established
by
the
Director.
The
parties
before
the
Hearing
Officer
shall
include
the
City
and
the
applicant.
Testimony
shall
be
limited
to
the
matters
directly
relating
to
the
standards
set
forth
in
Section
2.13.10
or
Section
2.13.11,
whichever
is
applicable.
The
City
Attorney
shall
represent
the
City,
shall
attend
the
public
hearing
and
shall
offer
such
evidence
as
is
relevant
to
the
proceedings.
The
other
parties
to
the
proceedings,
or
their
authorized
agents,
may
offer
such
evidence
at
the
public
hearing
as
is
relevant
to
the
proceedings
and
criteria.
The
order
of
presentation
before
the
Hearing
Officer
at
the
public
hearing
shall
be
as
follows:
(1)
the
City's
summary
of
the
application,
written
recommendation,
witnesses
and
other
evidence;
(2)
the
applicant's
witnesses
and
evidence;
and
(3)
city
rebuttal,
if
any.
(Ord.
No.
177,
1998
§1,
10/20/98)
2.13.7
Issuance
of
Determination
by
Hearing
Officer
Within
thirty
(30)
working
days
after
the
completion
of
the
public
hearing
under
Section
2.13.6,
the
Hearing
Officer
shall
consider
the
Application
for
Determination,
the
recommendation
of
the
Director
and
the
City
Attorney,
and
the
evidence
and
testimony
presented
at
the
public
hearing,
in
light
of
all
of
the
criteria
set
forth
in
Section
2.13.10
or
Section
2.13.11,
whichever
is
applicable,
and
shall
deny,
grant,
grant
with
conditions,
or
grant
in
part
and
deny
in
part,
the
Application
for
Determination
for
the
property
or
properties
at
issue.
The
Determination
shall
be
in
writing
and
shall
include
findings
of
fact
for
each
of
the
applicable
criteria
established
in
Section
2.13.10
or
Section
2.13.11,
whichever
is
applicable,
conclusions
of
law
for
each
of
such
criteria,
and
a
determination
denying,
granting,
or
granting
with
conditions,
in
whole
or
in
part,
the
vested
rights.
(Ord.
No.
177,
1998
§1,
10/20/98)
2.13.8
Appeal
to
the
City
Council
Within
twenty
(20)
days
after
issuance
of
the
Hearing
Officer's
written
Determination,
the
City
Attorney,
the
Director,
the
applicant,
its
authorized
attorney
or
agent,
or
any
resident
of
the
City
who
appeared
at
the
public
hearing
before
the
Hearing
Officer
may
appeal
the
Determination
of
the
Hearing
Officer
to
the
City
Council
by
filing
a
written
notice
of
appeal
with
the
City
Clerk.
A
fee
of
one
hundred
dollars
($100.00)
shall
be
paid
for
the
application
and
processing
of
any
such
appeal
except
an
appeal
filed
by
the
City
Attorney
or
the
Director.
The
appeal
shall
be
determined
by
the
City
Council
at
a
hearing
based
solely
upon
the
record
of
the
proceedings
before
the
Hearing
Officer.
The
City
Council
shall
adopt
the
Hearing
Officer's
Determination,
with
or
without
modifications
or
conditions,
or
reject
the
Hearing
Officer's
Determination.
Such
appeal
shall
be
based
upon
the
criteria
established
in
Section
2.13.10
or
Section
2.13.11,
whichever
is
applicable.
(Ord.
No.
177,
1998
§1,
10/20/98)
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2.13.9
Waiver
of
Time
Limits
Any
time
limit
specified
in
the
Determination
Procedure
may
be
waived
upon
receipt
by
the
City
Clerk
of
a
written
stipulation
requesting
such
waiver
and
signed
by
the
applicant
and
the
Director.
(Ord.
No.
177,
1998
§1,
10/20/98)
2.13.10
Criteria
for
Vested
Rights
(A)
This
Section
is
intended
to
strictly
adhere
to
and
implement
existing
case
law
and
statutory
law
controlling
in
the
State
of
Colorado
as
they
relate
to
the
doctrine
of
vested
rights
and
equitable
estoppel
as
applied
to
a
home
rule
municipality
exercising
its
authority
and
powers
in
land
use
planning,
zoning,
the
provisions
of
adequate
public
facilities
concurrent
with
development
(APF),
subdivision,
site
development,
land
development
regulations
and
related
matters
addressed
in
this
Code.
It
is
the
express
intent
of
the
City
to
require
application
of
the
provisions
of
this
Division
2.13
to
as
much
development
and
property
in
the
City
as
is
legally
possible
without
violating
the
legally
vested
rights
of
an
owner/developer
under
case
law
or
statutory
law.
The
criteria
herein
provided
shall
be
considered
in
rendering
a
Vested
Rights
Determination
hereunder.
It
is
intended
that
each
case
be
decided
on
a
case-‐by-‐case
factual
analysis.
An
applicant
shall
be
entitled
to
a
positive
Vested
Rights
Determination
only
if
such
applicant
demonstrates,
by
clear
and
convincing
evidence,
entitlement
to
complete
his
or
her
development
without
regard
to
the
otherwise
applicable
provisions
of
this
Code
by
reason
of:
(A)
the
provisions
of
Title
24,
Article
68,
C.R.S.;
(B)
Section
2.2.11(D)
of
this
Code;
or
(C)
the
existence
of
all
three
(3)
of
the
following
requirements:
(1)
some
authorized
act
of
the
City;
(2)
reasonable
good
faith
reliance
upon
such
act
by
the
applicant;
and
(3)
such
a
substantial
change
in
position
or
expenditure
by
the
applicant
that
it
would
be
highly
inequitable
or
unjust
to
destroy
the
rights
acquired.
(B)
In
evaluating
whether
an
applicant
(property
owner,
developer
or
the
successor
in
interest
of
either)
has
met
the
requirements
as
set
forth
in
paragraph
(A)(3)
above,
the
Hearing
Officer
shall
consider
and
give
weight
to
the
following
factual
matters:
(1)
the
total
investment
made
in
the
project,
including
all
costs
incurred
subsequent
to
the
act
of
the
City
relied
upon
by
the
applicant,
which
costs
may
include,
without
limitation,
the
costs
of
land
acquisition,
architectural
and
engineering
fees
and
the
costs
of
on-‐site
and
off-‐site
infrastructure
improvements
to
service
the
project;
(2)
any
dedication
of
property
made
to
public
entities
in
accordance
with
the
approved
overall
development
plan
for
the
project
or
the
approved
project
development
plan
or
plat
for
the
project;
(3)
whether
infrastructure
improvements
which
have
been
installed
have
been
sized
to
accommodate
uses
approved
in
the
approved
overall
development
plan
or
the
approved
project
development
plan
or
plat
for
the
project;
(4)
the
acreage
of
the
approved
overall
development
plan
or
the
approved
project
development
plan
or
plat
for
the
project
and
the
number
of
phases
within
the
overall
development
plan
or
the
approved
project
development
plan
or
plat
and
their
respective
acreages
which
have
received
final
approval;
(5)
whether
the
completion
of
the
project
has
been
timely
and
diligently
pursued;
and
(6)
the
effect
of
the
applicant's
existing
development
loans
on
the
application
of
this
Land
Use
Code
to
the
project.
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[EST]
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Update
2)
Page
49
of
60
(Ord.
No.
177,
1998
§1,
10/20/98;
Ord.
No.
173,
2003
§8,
12/16/03;
Ord.
No.
066,
2009
§4,
7/7/09;
Ord.
No.
086,
2014
§27,
7/1/14)
2.13.11
Criteria
for
Takings
This
Section
is
intended
to
strictly
adhere
to
and
implement
existing
case
law
and
statutory
law
controlling
in
the
State
of
Colorado
as
they
relate
to
the
takings
doctrine
as
applied
to
a
home
rule
municipality
exercising
its
authority
and
powers
in
land
use
planning,
zoning,
the
provision
of
adequate
public
facilities
concurrent
with
development
(APF),
subdivision,
site
development,
land
development
regulations
and
related
matters
addressed
in
this
Land
Use
Code.
It
is
the
express
intent
of
the
City
to
require
application
of
the
provisions
of
this
Land
Use
Code
to
as
much
development
and
property
in
the
City
as
is
legally
possible
without
violating
takings
law.
The
criteria
herein
provided
shall
be
considered
in
rendering
a
Takings
Determination
hereunder.
It
is
intended
that
each
case
be
decided
on
a
case-‐by-‐case
factual
analysis.
While
the
criteria
for
takings
established
in
this
Section
are
intended
to
provide
fair
standards
in
a
pre-‐litigation
forum
and
to
reflect
the
current
state
of
the
law
for
Colorado,
the
City's
adoption
or
use
of
these
criteria
for
takings
shall
not
in
any
way
be
deemed
an
admission,
concession
or
statement
by
the
City
that
such
criteria
apply
or
are
controlling
in
a
court
of
law,
and
the
City
hereby
unconditionally
reserves
all
defenses
and
claims
which
would
otherwise
be
available
to
it
under
the
law.
For
example,
but
without
limitation,
the
City
does
not
concede
for
litigation
purposes
that
the
"reasonable
nexus/rough
proportionality"
doctrines
apply
to
monetary
exactions
or
to
legislative
acts,
although
the
City
chooses
to
apply
such
criteria
to
the
Takings
Determination
process
described
herein.
(A)
Economically
Beneficial
Use.
With
regard
to
the
takings
doctrine
of
"economically
beneficial
use,"
an
applicant
shall
be
entitled
to
the
minimum
increase
in
use,
density,
intensity
or
other
possible
concessions
from
this
Land
Use
Code
necessary
to
permit
an
economically
beneficial
use
of
the
land
or
a
use
that
is
determined
to
be
required
by
law.
The
highest
use,
or
even
an
average
or
generally
reasonable
expectation,
is
not
required
or
intended
as
the
appropriate
remedy.
The
following
factors
shall
be
used
to
determine
whether
an
economically
beneficial
use
of
such
property
is
available:
(1)
Actual
Condition
of
Land.
The
actual
condition
of
the
land
shall
be
considered.
The
reality
of
limited
development
potential,
given
the
natural
condition
of
the
land,
shall
not
be
attributed
to
the
regulations
applied
to
the
land.
If
the
land
is
such
that
it
cannot
safely
or
properly
accommodate
development
with
normal
grading
and
clearing
practices,
this
fact
shall
lower
the
intensity
of
use
that
is
considered
a
minimum
economically
beneficial
use.
(2)
Common
Land
Use.
A
land
use
commonly
found
in
the
City,
although
it
may
not
involve
further
development
of
the
land,
is
considered
an
economically
beneficial
use.
Furthermore,
a
land
use
that
is
considered
to
be
the
lowest
intensity
in
the
City,
but
which
use
still
provides
for
residence
within
the
City,
is
considered
an
economically
beneficial
use.
(3)
No
Government
Subsidy.
A
minimum
economically
beneficial
use
of
the
land
is
one
that
does
not
have
any
governmental
subsidy
attached
to
the
long-‐term
safe
occupation
or
use
of
the
land.
If
such
a
subsidy
is
needed,
then
that
must
be
reflected
by
lowering
the
use
intensity
that
is
considered
a
minimum
economically
beneficial
use
on
a
market
valuation
basis,
or
by
deducting
the
cost
of
such
a
subsidy
from
the
otherwise
established
minimum
economically
beneficial
use.
(4)
Potential
for
Damages.
The
potential
for
damages
to
either
residents
or
property
shall
be
assessed
in
determining
economically
beneficial
use.
Such
damage
potential
shall
be
calculated
and
must
be
reflected
by
deducting
the
damage
potential
from
the
otherwise
established
minimum
economically
beneficial
use,
or
otherwise
taking
account
of
such
damage.
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60
(5)
No
Investment-‐Backed
Expectations.
Speculative
expectations
of
land
value
and
development
potential
shall
not
be
considered.
Reasonable
development
expectations
backed
by
investments
shall
not
be
considered,
unless
required
by
the
current
state
of
the
law.
(6)
Conservative
Financial
Investment.
The
opportunity
to
make
a
return
on
the
use
of
the
land
equivalent
to
that
which
would
have
been
received
from
a
conservative
financial
investment
shall
be
indicative
of
an
economically
beneficial
use.
However,
general
downturns
in
the
real
estate
market
or
the
economy
shall
not
be
attributed
to
the
regulations
applied
to
the
land.
(7)
No
Diminution
in
Value.
The
market
value
of
the
land,
as
established
by
the
comparable
sales
approach,
one
(1)
day
prior
to
the
adoption
of
this
Land
Use
Code,
shall
be
compared
to
the
market
value
of
the
land,
as
established
by
the
comparable
sales
approach,
with
the
regulations
as
applied.
Market
value
of
the
land
one
(1)
day
prior
to
the
adoption
of
this
Land
Use
Code
shall
constitute
its
highest
and
best
use
on
the
day
prior
to
the
adoption
of
this
Land
Use
Code
or
the
date
of
the
purchase
of
the
land
by
the
applicant,
whichever
is
later.
All
appraisals
or
other
land
value
information,
if
any,
shall
be
proposed
by
qualified
licensed
appraisers,
and
shall
follow
the
best
professional
practices
established
by
the
profession.
Mere
diminution
in
market
value
shall
not
be
sufficient
to
support
a
determination
of
denial
of
economically
beneficial
use.
(8)
Current
State
of
Law.
The
current
state
of
law
established
by
the
United
States
Supreme
Court,
the
Federal
Circuit
Court
of
Appeals,
the
Colorado
Supreme
Court
and
other
controlling
Colorado
courts,
and
controlling
statutory
law,
shall
be
considered.
(B)
Reasonable
Nexus/Rough
Proportionality.
With
regard
to
the
takings
doctrines
of
"reasonable
nexus"
and
"rough
proportionality,"
an
applicant
shall
be
entitled
to
the
minimum
revision
of
any
required
dedication
or
reduction
of
its
property,
or
the
minimum
revision
of
any
payment
of
money
to
ensure
"rough
proportionality,"
or
the
reevaluation
of
the
offending
condition
or
action,
including
invalidation
if
necessary,
to
ensure
that
the
"reasonable
nexus"
and
"rough
proportionality"
doctrines
are
satisfied.
(1)
In
evaluating
an
applicant's
"reasonable
nexus/rough
proportionality"
takings
claim,
a
determination
shall
first
be
made
as
to
whether
a
"reasonable
nexus"
exists
between
a
"legitimate
state
interest"
and
the
condition
imposed
by
the
City.
(2)
The
second
part
of
the
"reasonable
nexus/rough
proportionality"
takings
analysis
requires
that
a
determination
then
be
made
as
to
whether
the
exaction
or
condition
is
reasonably
related
to
the
needs
created
by
the
development
or
the
impacts
of
such
development.
(3)
Finally,
a
determination
shall
be
made
as
to
whether
the
degree
of
the
exaction
demanded
by
the
City's
condition
is
reasonably
related
to
the
projected
impacts
of
the
applicant's
proposed
development.
No
precise
mathematical
calculation
is
required,
but
the
City
must
make
some
sort
of
individualized
determination
that
the
required
exaction
or
condition
is
related
both
in
nature
and
extent
to
the
impact
of
the
proposed
development.
(4)
The
current
state
of
law
established
by
the
United
States
Supreme
Court,
the
Federal
Circuit
Court
of
Appeals,
the
Colorado
Supreme
Court
and
other
controlling
Colorado
courts,
and
controlling
statutory
law,
shall
be
considered
in
making
each
of
these
determinations.
(Ord.
No.
177,
1998
§1,
10/20/98)
DIVISION
2.14
ENFORCEMENT
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51
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60
2.14.1
Methods
of
Enforcement
The
provisions
of
this
Land
Use
Code
shall
be
enforced
by
the
following
methods:
(A)
requirement
of
a
Building
Permit;
(B)
requirement
of
a
certificate
of
occupancy;
(C)
inspection
and
ordering
removal
of
violations;
(D)
criminal
or
civil
proceedings;
and
(E)
injunction
or
abatement
proceedings.
(Ord.
No.
177,
1998
§1,
10/20/98;
Ord.
No.
123,
2005
§1,
11/15/05)
2.14.2
Permits
and
Certificates
of
Occupancy
(A)
No
building
shall
be
erected,
moved
or
structurally
altered
unless
a
Building
Permit
has
been
issued
by
the
Building
and
Zoning
Director.
All
permits
shall
be
issued
in
conformance
with
the
provisions
of
this
Land
Use
Code
and
shall
expire
six
(6)
months
after
the
date
that
such
Building
Permit
was
issued
unless
properly
acted
upon
in
accordance
with
the
provisions
of
the
International
Building
Code,
as
amended.
One
(1)
six-‐
month
extension
may
be
granted
by
the
Building
and
Zoning
Director.
(B)
No
land
or
building
shall
be
changed
in
use,
nor
shall
any
new
structure,
building
or
land
be
occupied
or
used,
unless
the
owner
(or
the
owner's
contractor,
if
any)
shall
have
obtained
a
certificate
of
occupancy
from
the
Building
and
Zoning
Director.
If
the
use
is
in
conformance
with
the
provisions
of
this
Land
Use
Code,
a
certificate
of
occupancy
shall
be
issued
within
three
(3)
days
of
the
time
of
notification
that
the
building
is
completed
and
ready
for
occupancy.
A
copy
of
all
certificates
of
occupancy
shall
be
filed
by
the
Director
and
shall
be
available
for
examination
by
any
person
with
either
proprietary
or
tenancy
interest
in
the
property
or
building.
(Ord.
No.
177,
1998
§1,
10/20/98;
Ord.
No.
177,
2002
§6,
12/17/02;
Ord.
No.
049,
2008
§2,
5/20/08)
2.14.3
Inspection
The
City
manager
is
hereby
empowered
to
cause
any
building,
other
structure
or
tract
of
land
to
be
inspected
and
examined
and
to
order
in
writing
the
remedying
of
any
condition
found
to
exist
therein
or
thereat
in
violation
of
any
provision
of
this
land
use
code.
after
any
such
order
has
been
served,
no
work
shall
proceed
on
any
building,
other
structure
or
tract
of
land
covered
by
such
order,
except
to
correct
such
violation
or
comply
with
the
order.
(Ord.
No.
177,
1998
§1,
10/20/98)
2.14.4
Criminal
and
Civil
Liability;
Penalties
(A)
Except
as
otherwise
specified
in
this
Land
Use
Code,
any
person
(including,
without
limitation,
the
developer
of,
owner
of,
or
any
person
possessing,
occupying
or
trespassing
upon,
any
property
which
is
subject
to
this
Land
Use
Code,
or
any
agent,
lessee,
employee,
representative,
successor
or
assign
thereof)
who
violates
this
Land
Use
Code
or
who
fails
to
comply
with
any
of
its
requirements
or
who
fails
to
comply
with
any
orders
made
thereunder,
shall
be
guilty
of
a
misdemeanor
and
upon
conviction
shall
be
subject
to
the
penalties
provided
in
§
1-‐15
of
the
City
Code.
Each
day
that
such
a
violation
occurs
shall
constitute
a
separate
offense.
Nothing
contained
herein
shall
prevent
the
City
from
taking
such
other
lawful
action
as
is
necessary
to
prevent
or
remedy
any
violations
of
this
Land
Use
Code.
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(B)
An
owner,
property
manager
or
occupant
commits
a
civil
infraction
by
violating
any
provision
of
Section
3.8.16
of
this
Land
Use
Code.
Each
day
during
which
the
limitation
on
the
number
of
occupants
is
exceeded
shall
constitute
a
separate
violation.
A
finding
that
such
civil
infraction
has
occurred
shall
subject
the
offender(s)
to
the
penalty
provisions
of
§
1-‐15(f)
of
the
Code
of
the
City
of
Fort
Collins
and
any
or
all
of
the
following
actions:
(1)
the
imposition
of
a
civil
penalty
of
not
less
than
five
hundred
dollars
($500.00)
and
not
more
than
one
thousand
dollars
($1,000.00)
for
each
violation;
(2)
an
order
to
comply
with
any
conditions
reasonably
calculated
to
ensure
compliance
with
the
provisions
of
Section
3.8.16
of
this
Land
Use
Code
or
with
the
terms
and
conditions
of
any
permit
or
certificate
granted
by
the
city;
(3)
an
injunction
or
abatement
order;
and/or
(4)
denial,
suspension
or
revocation
of
any
city
permit
or
certificate
relating
to
the
dwelling
unit.
(Ord.
No.
177,
1998
§1,
10/20/98;
Ord.
123,
2005
§2,
11/15/05;
Ord.
No.
085,
2008
§9,
7/15/08)
2.14.5
Liability
of
City
and
Injunction
(A)
In
addition
to
any
of
the
foregoing
remedies,
the
City
Attorney
acting
on
behalf
of
the
City
Council
may
maintain
an
action
for
an
injunction
to
restrain
any
violation
of
this
Land
Use
Code.
(B)
This
Land
Use
Code
shall
not
be
construed
to
hold
the
city
responsible
for
any
damage
to
persons
or
property
by
reason
of
the
inspection
or
reinspection
authorized
herein
or
failure
to
inspect
or
reinspect
or
by
reason
of
issuing
a
Building
Permit
as
herein
provided,
or
by
reason
of
pursuing
or
failing
to
pursue
an
action
for
injunctive
relief
as
authorized
in
(A),
above.
(Ord.
No.
177,
1998
§1,
10/20/98)
2.14.6
Enforcement
of
the
Requirements
and
Conditions
of
Development
Approval
The
occurrence
of
either
of
the
following
events
may
subject
the
developer
of,
owner
of,
or
any
person
possessing,
occupying
or
trespassing
upon,
any
property
which
is
subject
to
this
Land
Use
Code,
or
any
agent,
lessee,
employee,
representative,
successor
or
assign
thereof
to
the
enforcement
remedies
contained
in
this
Division:
(A)
failure
to
comply
with
any
terms,
conditions
or
limitations
contained
on
the
site
plan,
landscape
plan,
building
elevations
or
other
approved
documents
pertaining
to
a
development
which
has
received
final
approval
from
the
city,
whether
under
the
provisions
of
this
Land
Use
Code
or
under
the
provisions
of
prior
law.
(B)
failure
to
comply
with
any
conditions
of
record
imposed
by
the
appropriate
decision
maker
upon
its
review
of
the
site
specific
development
plan
for
the
development,
whether
under
the
provisions
of
this
Land
Use
Code
or
under
the
provisions
of
prior
law.
(Ord.
No.
177,
1998
§1,
10/20/98)
ARTICLE
2
-‐
ADMINISTRATION
DIVISION
2.15
PLANNED
UNIT
DEVELOPMENT
OVERLAY
REVIEW
PROCEDURE*
Fort
Collins,
Colorado,
Land
Use
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60
DIVISION
2.15
PLANNED
UNIT
DEVELOPMENT
OVERLAY
REVIEW
PROCEDURE*1
(A)
Purpose.
To
provide
an
avenue
for
property
owners
with
larger
and
more
complex
development
projects
to
achieve
flexibility
in
site
design
in
return
for
significant
public
benefits
not
available
through
traditional
development
procedures.
(B)
Applicability.
Application
for
approval
of
a
PUD
Overlay
is
available
to
properties
of
50
acres
or
greater
in
size.
(C)
Process.
(1)
Step
1
(Conceptual
Review/Preliminary
Design
Review):
Applicable.
(2)
Step
2(Neighborhood
Meeting):
Applicable
to
any
proposed
PUD
Overlay
subject
to
Planning
and
Zoning
Board
or
City
Council
review.
If
a
neighborhood
meeting
is
required
at
the
conceptual
planning
stage
pursuant
to
Section
2.2.2,
a
second
neighborhood
meeting
shall
be
required
after
the
PUD
Overlay
application
has
been
submitted
and
the
first
round
of
staff
review
completed.
(3)
Step
3(Development
Application
Submittal):
All
items
or
documents
as
described
in
the
development
application
submittal
master
list
for
a
PUD
Overlay
shall
be
submitted.
Notwithstanding,
the
Director
may
waive
or
modify
the
foregoing
submittal
requirements
if,
given
the
facts
and
circumstances
of
the
specific
application,
a
particular
requirement
would
either
be
irrelevant,
immaterial,
redundant
or
otherwise
unnecessary
for
the
full
and
complete
review
of
the
application.
(4)
Step
4(Review
of
Application):
Applicable.
(5)
Step
5(Staff
Report):
Applicable.
(6)
Step
6
(Notice):
Applicable.
(7)
Step
7(A)
(Decision
Maker):
Applicable
as
follows:
a.
Planning
and
Zoning
Board
review
(Type
2
review)
applies
to
PUD
Overlay
applications
between
50
and
640
acres;
b.
City
Council
is
the
decision
maker
for
PUD
Overlay
applications
greater
than
640
acres
after
receiving
a
Planning
and
Zoning
Board
recommendation.
City
Council
approval
of
a
PUD
Overlay
shall
be
by
ordinance.
Step
7(B)
through
(G)
(Conduct
of
a
Public
Hearing,
Order
of
Proceedings
at
Public
Hearing,
Decision
and
Findings,
Notification
to
Applicant,
Record
of
Proceeding,
Recording
of
Decision):
Applicable.
(8)
Step
8
(Standards):
Applicable.
Except
as
modified
pursuant
to
Sections
4.29
(E)
and
(G),
a
PUD
Master
Plan
shall
be
consistent
with
all
applicable
General
Development
Standards
(Article
3)
and
District
Standards
(Article
4)
including
Division
4.29.
1Editor's
note(s)—*Ord.
No.
091,
2018
Editor's
note(s)—,
§10,
adopted
July
17,
2018,
repealed
Div.
2.15Editor's
note(s)—
in
its
entirety
and
reenacted
a
new
Div.
2.15Editor's
note(s)—
as
set
out
herein.
Former
Div.
2.15Editor's
note(s)—
pertained
to
similar
subject
matter
and
derived
from
Ord.
No.
024,
2013
Editor's
note(s)—§4Editor's
note(s)—,
adopted
February
26,
2013;
Ord.
No.
086,
2014
Editor's
note(s)—§28,
adopted
July
1,
2014;
and
Ord.
No.
116,
2014
Editor's
note(s)—§1Editor's
note(s)—,
September
16,
2014.
ARTICLE
2
-‐
ADMINISTRATION
DIVISION
2.15
PLANNED
UNIT
DEVELOPMENT
OVERLAY
REVIEW
PROCEDURE*
Fort
Collins,
Colorado,
Land
Use
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58,
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2)
Page
54
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60
(9)
Step
9
(Conditions
of
Approval):
Applicable.
(10)
Step
10
(Amendments):
Applicable.
(11)
Step
11
(Lapse):
Applicable.
(12)
Step
12
(Appeals):
Applicable.
A
Planning
and
Zoning
Board
decision
on
a
PUD
Overlay
between
50
and
640
acres
is
appealable
to
City
Council
pursuant
to
Section
2.2.12(A).
Appeals
of
Project
Development
Plans
within
PUD
Overlays
are
subject
to
the
limitations
of
Section
4.29(J).
(Ord.
No.
091,
2018
,
§10,
7/17/18)
2.15.2
Complete
Development
Plan
(A)
Purpose.
The
purpose
and
applicability
of
a
complete
development
plan
is
contained
in
subsection
2.1.3(D).
(B)
Process.
A
complete
development
plan
may
only
be
submitted
after
approval
of
a
detailed
development
plan
for
the
subject
property
or
concurrently
with
a
detailed
development
plan
for
the
subject
property.
For
consolidated
applications
for
a
detailed
development
plan
and
a
complete
development
plan,
the
applicant
shall
follow
both
the
detailed
development
plan
and
complete
development
plan
review
procedures.
A
complete
development
plan
shall
be
processed
according
to,
in
compliance
with
and
subject
to
the
provisions
contained
in
Division
2.1
and
Steps
1
through
12
of
the
Common
Development
Review
Procedures
(Sections
2.2.1
through
2.2.12,
inclusive)
as
follows:
(1)
Step
1
(Conceptual
Review):
Not
applicable.
(2)
Step
2(Neighborhood
Meeting):
Not
applicable.
(3)
Step
3(Development
Application
Submittal):
All
items
or
documents
required
for
complete
development
plans
as
described
in
the
development
application
submittal
master
list
shall
be
submitted.
The
Director
may
waive
or
modify
the
foregoing
submittal
requirements
if,
given
the
facts
and
circumstances
of
the
specific
application,
a
particular
requirement
would
either
be
irrelevant,
immaterial,
redundant
or
otherwise
unnecessary
for
the
full
and
complete
review
of
the
application.
(4)
Step
4(Review
of
Applications):
Applicable.
(5)
Step
5(Staff
Report):
Not
applicable.
(6)
Step
6
(Notice):
Not
applicable.
(7)
Step
7(A)—(C)
(Decision
Maker,
Conduct
of
Public
Hearing,
Order
of
Proceeding
at
Public
Hearing):
Not
applicable,
and
in
substitution
therefor,
the
Director
is
hereby
authorized
to,
and
shall,
review,
consider
and
approve,
approve
with
conditions
or
deny
the
development
application
for
a
complete
development
plan
based
on
its
consistency
with
a
valid
detailed
development
plan
for
the
subject
property
and
its
compliance
with
all
of
the
standards
established
in
Step
8
of
this
Section.
The
Director
may,
but
is
not
obligated
to,
confer
with
the
applicant
or
other
City
staff
to
obtain
clarification
or
explanation,
gain
understanding,
suggest
revisions,
or
otherwise
discuss
or
learn
about
the
development
proposal
and
a
complete
development
plan,
all
for
the
purpose
of
ensuring
a
fully
consistent
and
compliant
complete
development
plan.
Step
7(D)
(Decision
and
Findings):
Not
applicable,
except
that
Step
7(D)(3)
shall
apply.
Step
7(E)
(Notification
to
Applicant):
Applicable.
Step
7(F)
(Record
of
Proceedings):
Not
applicable,
except
that
Step
7(F)(2)
shall
apply.
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55
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60
Step
7(G)
(Recording
of
Decisions
and
Plats):
Applicable.
(8)
Step
8
(Standards):
Applicable.
A
complete
development
plan
shall
comply
with
Division
4.29
and
be
consistent
with
the
detailed
development
plan.
(9)
Step
9
(Conditions
of
approval):
Applicable.
(10)
Step
10
(Amendments):
Applicable.
(11)
Step
11
(Lapse):
Applicable.
Except
that
the
term
"complete
development
plan"
is
referred
to
as
"final
plan."
(12)
Step
12
(Appeals):
Not
applicable.
The
Director's
decision
shall
be
final
and
no
appeal
of
the
Director's
decision
will
be
allowed;
however,
the
Director
may
refer
the
decision
to
the
Planning
and
Zoning
Board
when
the
Director
is
in
doubt
as
to
the
compliance
and
consistency
of
the
complete
development
plan
with
the
approved
detailed
development
plan.
If
the
Director
refers
the
decision
to
the
Planning
and
Zoning
Board,
the
decision
of
the
Planning
and
Zoning
Board
shall
be
final
and
shall
not
be
appealable
to
the
City
Council,
notwithstanding
any
provision
of
the
City
Code
to
the
contrary.
(Ord.
No.
024,
2013
§4,
2/26/13;
Ord.
No.
086,
2014
§29,
7/1/14)
DIVISION
2.16
SITE
PLAN
ADVISORY
REVIEW
2.16.1
Purpose
and
applicability
The
purpose
and
applicability
of
a
Site
Plan
Advisory
Review
is
contained
in
Section
2.1.3(E).
(Ord.
No.
086,
2014
§30,
7/1/14)
2.16.2
Site
Plan
Advisory
Review
Procedures
A
Site
Plan
Advisory
Review
shall
be
processed
according
to,
in
compliance
with
and
subject
to
the
provisions
contained
in
Division
2.1
and
Steps
1
through
12
of
the
Common
Development
Review
Procedures
(Sections
2.2.1
through
2.2.12,
inclusive)
as
follows:
(A)
Step
1
(Conceptual
Review):
Applicable.
(B)
Step
2(Neighborhood
Meeting):
Applicable.
(C)
Step
3(Development
Application
Submittal):
All
items
or
documents
required
for
Site
Plan
Advisory
Review
as
described
in
the
development
application
submittal
master
list
shall
be
submitted.
The
Director
may
waive
or
modify
the
foregoing
submittal
requirements
if,
given
the
facts
and
circumstances
of
the
specific
application,
a
particular
requirement
would
either
be
irrelevant,
immaterial,
redundant
or
otherwise
unnecessary
for
the
full
and
complete
review
of
the
application.
Prior
to
acquisition
of
land
or
contracting
for
the
purchase
of
a
facility,
a
public
school
or
charter
school
shall
advise
the
Planning
and
Zoning
Board
in
writing.
The
Planning
and
Zoning
Board
shall
have
ten
(10)
days
in
which
to
request
submittal
of
a
site
development
plan.
Prior
to
constructing
or
authorizing
any
other
public
building
or
structure,
a
site
development
plan
identifying
the
location,
character
and
extent
shall
be
submitted
to
the
Planning
and
Zoning
Board.
(D)
Step
4(Review
of
Application):
Applicable.
(E)
Step
5(Staff
Report):
Applicable.
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(F)
Step
6
(Notice):
Applicable.
(G)
Step
7(A)
(Decision
Maker):
Not
applicable,
and
in
substitution
thereof,
the
Planning
and
Zoning
Board
shall
consider
a
Site
Plan
Advisory
Review
and
approve
or
disapprove
the
application
in
a
public
hearing
held
within
sixty
(60)
days
after
receipt
of
the
application
under
Section
31-‐23-‐209,
C.R.S.
In
the
case
of
a
public
or
charter
school
application
under
Section
22-‐32-‐124,
C.R.S.,
the
Planning
and
Zoning
Board
shall
provide
review
comments
at
a
public
hearing
held
within
thirty
(30)
days
(or
such
later
time
as
may
be
agreed
to
in
writing
by
the
applicant)
after
receipt
of
the
application.
Step
7(B)-‐(G)
(Conduct
of
Public
Hearing,
Order
of
Proceedings
at
Public
Hearing,
Decision
and
Findings,
Notification
to
Applicant,
Record
of
Proceedings,
Recording
of
Decisions
and
Plats):
Applicable.
(H)
Step
8
(Standards):
Not
applicable,
and
in
substitution
thereof,
an
application
for
a
Site
Plan
Advisory
Review
shall
comply
with
the
following
criteria:
(1)
The
site
location
for
the
proposed
use
shall
be
consistent
with
the
land
use
designation
described
by
the
City
Structure
Plan
Map,
which
is
an
element
of
the
City's
Comprehensive
Plan.
(2)
The
site
development
plan
shall
conform
to
architectural,
landscape
and
other
design
standards
and
guidelines
adopted
by
the
applicant's
governing
body.
Absent
adopted
design
standards
and
guidelines,
the
design
character
of
the
site
development
plan
shall
be
consistent
with
the
stated
purpose
of
the
respective
land
use
designation
as
set
forth
in
the
City's
Comprehensive
Plan.
(3)
The
site
development
plan
shall
identify
the
level
of
functional
and
visual
impacts
to
public
rights-‐
of-‐way,
facilities
and
abutting
private
land
caused
by
the
development,
including,
but
not
limited
to,
streets,
sidewalks,
utilities,
lighting,
screening
and
noise,
and
shall
mitigate
such
impacts
to
the
extent
reasonably
feasible.
(I)
Step
9
(Conditions
of
Approval):
Not
applicable.
(J)
Step
10
(Amendments):
Not
applicable.
(K)
Step
11
(Lapse):
Not
applicable.
(L)
Step
12
(Appeals):
Not
applicable,
and
in
substitution
thereof,
a
disapproved
Site
Plan
Advisory
Review
made
under
Section
31-‐23-‐209,
C.R.S.,
may
be
overruled
by
the
governing
board
of
the
public
entity
by
a
vote
of
not
less
than
two-‐thirds
(
⅔)
of
its
entire
membership.
Further,
with
respect
to
a
review
made
under
Section
22-‐32-‐124,
C.R.S.,
the
Planning
and
Zoning
Board
may
request
a
hearing
before
the
applicable
board
of
education.
(Ord.
No.
086,
2014
§30,
7/1/14;
Ord.
No.
175,
2014
§
7,
12/16/14
)
DIVISION
2.17
CITY
PROJECTS
Development
projects
for
which
the
City
is
the
applicant
shall
be
processed
in
the
manner
described
in
this
Land
Use
Code,
as
applicable,
but
shall
be
subject
to
review
by
the
Planning
and
Zoning
Board
in
all
instances,
despite
the
fact
that
certain
uses
would
otherwise
have
been
subject
to
administrative
review.
(
Ord.
No.
082,
2015
§2,
7/21/15
)
DIVISION
2.18
BASIC
DEVELOPMENT
REVIEW
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2.18.1
Purpose
and
Applicability
The
purpose
of
the
Basic
Development
Review
process
is
to
establish
a
process
for
approval
of
a
site
specific
development
plan
where
the
decision
maker
is
the
Director.
There
is
no
public
hearing
and
the
Basic
Development
Review
process
shall
not
be
construed
to
be
the
same
as
an
Administrative
(Type
1)
review
process
for
which
the
Director,
or
his
designee,
conducts
a
public
hearing.
The
Basic
Development
Review
shall
be
the
review
process
for:
(A)
Those
uses
listed
as
such
in
each
of
the
Article
Four
Zone
Districts.
(B)
Existing
Limited
Permitted
Uses
(Section
1.6.5).
(C)
Expansions
and
Enlargements
of
Existing
Buildings
(Sections
3.8.20
and
3.8.25).
(D)
Building
Permit
Applications
(Division
2.7).
(E)
Minor
Subdivisions
(Section
2.18.2).
(
Ord.
No.
155,
2015
§5,
12/15/15
)
2.18.2
Minor
Subdivisions
A
Minor
Subdivision
is
a
plat
or
replat
that
does
not
create
more
than
one
(1)
new
lot.
A
minor
subdivision
shall
not
be
permitted
if
the
property
is
within
a
parcel,
any
part
of
which
has
been
subdivided
by
a
Minor
Subdivision
plat
within
the
immediately
preceding
twelve
(12)
months.
For
an
unplatted
metes
and
bounds
lot
undergoing
the
Minor
Subdivision
process
to
create
a
platted
lot
with
the
same
boundaries,
Step
6
(Notice)
of
Section
2.18.3
is
not
applicable.
(
Ord.
No.
155,
2015
§5,
12/15/15
)
2.18.3
Basic
Development
Review
and
Minor
Subdivision
Review
Procedures
An
application
for
a
Basic
Development
Review
or
Minor
Subdivision
shall
be
processed
according
to,
in
compliance
with,
and
subject
to
the
provisions
contained
in
Division
2.1
and
Steps
(1)
through
(12)
of
the
Common
Development
Review
Procedures
(Sections
2.2.1
through
2.2.12,
inclusive),
as
follows:
(A)
Step
1
(Conceptual
Review):
Not
applicable.
(B)
Step
2(Neighborhood
Meeting):
Not
applicable.
(C)
Step
3(Development
Application):
Applicable.
(D)
Step
4(Review
of
Applications):
Applicable.
(E)
Step
5(Staff
Report):
Not
applicable
and
in
substitution
thereof,
a
staff
report
shall
be
prepared
in
the
case
of
an
appeal
of
a
final
decision
pursuant
to
Section
2.2.12
(Step
12).
(F)
Step
6
(Notice):
Applicable
only
for
Minor
Subdivisions
that
result
in
the
creation
of
no
more
than
one
(1)
additional
lot.
Step
6(A)
(Mailed
Notice):
Applicable.
Notice
to
be
mailed
to
the
owners
of
record
of
all
real
property
within
eight
hundred
(800)
feet
(exclusive
of
property
rights-‐of-‐way,
public
facilities,
parks
or
public
open
space)
of
the
property
lines
of
the
parcel
of
land
to
be
subdivided.
Step
6(B)
(Posted
Notice):
Applicable.
Step
6(C)
(Published
Notice):
Applicable.
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Step
6(D)
(Supplemental
Notice):
Not
Applicable.
Step
6(E)
Applicable.
(G)
Step
7
(Public
Hearing):
Not
Applicable.
Step
7(A)(1
and
2):
(Decision
maker):
Not
applicable
and
in
substitution
thereof,
the
Director
shall
be
the
decision
maker
and
there
shall
be
no
public
hearing.
Steps
7(B
-‐
C)
-‐
Not
Applicable.
Step
7(D)(1
and
2):
(Decision
and
Findings):
Not
applicable
and
in
substitution
thereof,
after
consideration
of
the
development
application,
the
Director
shall
issue
a
written
decision
to
approve,
approve
with
conditions,
or
deny
the
development
application
based
on
compliance
with
the
standards
referenced
in
Step
8
of
the
Common
Development
Review
Procedures
(Section
2.2.8).
The
written
decision
shall
be
mailed
to
the
applicant,
to
any
person
who
provided
comments
during
the
comment
period
and
to
the
abutting
property
owners,
and
shall
also
be
posted
on
the
City's
website
at
www.fcgov.com.
Step
7(D)(3):
(Findings):
Applicable
Step
7(E):
(Notification
to
Applicant):
Applicable.
Step
7(F)(1):
(Recording
of
the
Public
Hearing):
Not
Applicable.
Step
7(F)(2)(a):
(The
Record):
Not
Applicable.
Step
7(F)(2)(b):
(Minutes):
Not
applicable
and
in
substitution
thereof,
the
Director
shall
issue
the
decision
in
writing.
Step
7(F)(2)(c
and
d):
(Verbatim
Transcript
and
Videotape
Recording):
Not
Applicable.
Step
7(G):
(Recording
of
Decisions
and
Plats):
Applicable
for
Minor
Subdivisions
only.
(H)
Step
8
(Standards):
Applicable.
(I)
Step
9
(Conditions
of
Approval):
Applicable.
(J)
Step
10
(Amendments):
Applicable.
(K)
Step
11
(Lapse):
Applicable.
Step
11(A):
(Application
Submittals):
Applicable.
Step
11(B
and
C)
(Lapse):
Not
Applicable.
Step
11(D)(1—8):
(Final
Plan
and
Plan
and
Other
Site
Specific
Development
Plan):
Applicable.
Step
11(D)(9):
(Post
denial
re-‐submittal
delay):
Not
Applicable.
Step
11(D)(10):
(Automatic
repeal;
waiver):
Applicable.
(L)
Step
12
(Appeals):
Applicable
and
in
explanation
thereof,
appeals
of
the
decision
of
the
Director
regarding
approval,
approval
with
conditions
or
denial
of
a
Basic
Development
Review
and
Minor
Subdivision
shall
be
to
the
Planning
and
Zoning
Board.
Any
such
appeal
shall
be
taken
by
filing
a
notice
of
appeal
of
the
final
decision
of
the
Director
within
14
days
after
the
action
that
is
the
subject
of
the
appeal.
The
appeal
hearing
with
the
Planning
and
Zoning
Board
shall
be
considered
a
new,
or
de
novo,
hearing.
The
decision
of
the
Planning
and
Zoning
Board
on
such
appeals
shall
constitute
a
final
decision
appealable
to
City
Council
pursuant
to
Section
2.2.12
(Step
12).
(
Ord.
No.
155,
2015
§5,
12/15/15
;
Ord.
No.
019,
2019
,
§
4,
2/19/19;
Ord.
No.
077,
2019
,
§4,
7/16/19)
ARTICLE
2
-‐
ADMINISTRATION
DIVISION
2.19
REASONABLE
ACCOMMODATION
PROCESS
Fort
Collins,
Colorado,
Land
Use
Created:
2021-‐04-‐15
13:25:57
[EST]
(Supp.
No.
58,
Update
2)
Page
59
of
60
DIVISION
2.19
REASONABLE
ACCOMMODATION
PROCESS
(A)
Intent.
It
is
the
policy
of
Fort
Collins
to
provide
reasonable
accommodation
for
exemptions
in
the
application
of
its
zoning
laws
to
rules,
policies,
and
practices
for
the
siting,
development,
and
use
of
housing,
as
well
as
other
related
residential
services
and
facilities,
to
persons
with
disabilities
seeking
fair
access
to
housing.
The
purpose
of
this
section
is
to
provide
a
process
for
making
a
request
for
reasonable
accommodation
to
individual
persons
with
disabilities.
(B)
Application.
Any
person
who
requires
reasonable
accommodation,
because
of
a
disability,
in
the
application
of
a
zoning
law
that
may
be
acting
as
a
barrier
to
equal
opportunity
to
housing
opportunities,
or
any
person
or
persons
acting
on
behalf
of
or
for
the
benefit
of
such
a
person,
may
request
such
accommodation.
For
purposes
of
this
section,
"disabled,"
"disability,"
and
other
related
terms
shall
be
defined
as
in
the
federal
Americans
with
Disabilities
Act
of
1990
("ADA"),
the
Fair
Housing
Act
("FHA"),
or
their
successor
laws.
Requests
for
reasonable
accommodation
shall
be
made
in
the
manner
prescribed
by
Division
2.19(C).
(C)
Required
Information.
(1)
The
applicant
shall
provide
the
following
information:
(a)
Applicant's
name,
address,
and
telephone
number;
(b)
Address
of
the
property
for
which
the
request
is
being
made;
(c)
The
current
actual
use
of
the
property;
(d)
Confirmation
that
the
subject
individual
or
individuals
are
disabled
under
the
Acts.
Any
information
related
to
the
subject
individual
or
individuals'
disability
shall
be
kept
confidential;
(e)
The
specific
zoning
code
provision,
regulation,
or
policy
from
which
accommodation
is
being
requested;
and
(f)
Why
the
reasonable
accommodation
is
necessary
for
the
subject
individual
or
individuals
with
disabilities
to
have
equal
opportunity
to
use
and
enjoy
the
specific
property.
(2)
Review
With
Other
Land
Use
Applications.
If
the
project
for
which
the
request
for
reasonable
accommodation
is
being
made
also
requires
some
other
development
review,
then
the
applicant
shall
file
the
information
required
by
Division
2.19(C)
together
for
concurrent
review
with
any
other
application
for
development
review
approval.
The
application
for
reasonable
accommodation
will
be
decided
prior
to
any
concurrent
development
review
application
that
is
affected
by
the
request
for
reasonable
accommodation,
including
but
not
limited
to
applications
reviewed
by
the
City
Council,
Planning
and
Zoning
Board
and
Zoning
Board
of
Appeals.
(3)
Timing
of
Application.
An
application
for
reasonable
accommodation
may
be
filed
at
any
time
prior
to
a
final
decision
on
a
development
application,
including
any
applicable
time
for
appeal.
(4)
Effect
of
Application
on
Appeals.
Notwithstanding
any
limitation
found
in
§2-‐49
or
§2-‐52
of
the
City
Code,
filing
an
application
for
reasonable
accommodation
will
toll
the
time
for
filing
an
appeal
regarding
a
development
application,
or
hearing
an
appeal
that
has
been
filed,
until
a
decision
on
the
application
for
reasonable
accommodation
is
rendered.
(D)
Review
Procedure.
(1)
Director.
Requests
for
reasonable
accommodation
shall
be
reviewed
by
the
Director,
or
his/her
designee.
ARTICLE
2
-‐
ADMINISTRATION
DIVISION
2.19
REASONABLE
ACCOMMODATION
PROCESS
Fort
Collins,
Colorado,
Land
Use
Created:
2021-‐04-‐15
13:25:57
[EST]
(Supp.
No.
58,
Update
2)
Page
60
of
60
(2)
Interactive
Meeting.
Upon
either
the
request
of
the
Director
or
the
applicant,
the
Director
or
his
or
her
designee
shall
hold
an
interactive
meeting
with
the
applicant
to
discuss
the
reasonable
accommodation
request
in
order
to
obtain
additional
information
or
to
discuss
what
may
constitute
a
reasonable
accommodation
for
a
particular
application.
(3)
Director
Review.
The
Director,
or
his
or
her
designee,
shall
make
a
written
determination
within
forty-‐
five
(45)
days
of
receiving
an
application,
or
having
an
interactive
meeting,
whichever
date
comes
later,
and
either
grant,
grant
with
modifications,
or
deny
a
request
for
reasonable
accommodation
in
accordance
with
Division
2.19(E).
Information
related
to
the
subject
individual
or
individuals'
disability
shall
be
kept
confidential
and
shall
not
be
included
in
a
public
file.
(E)
Findings
and
Decision.
(1)
Findings.
The
written
decision
to
grant,
grant
with
conditions
or
deny
a
request
for
reasonable
accommodation
shall
be
based
on
consideration
of
the
following
factors:
(a)
Whether
the
property,
which
is
the
subject
of
the
request,
will
be
used
by
an
individual
disabled
under
the
Acts;
(b)
Whether
the
request
for
reasonable
accommodation
is
necessary
to
make
specific
housing
available
to
an
individual
with
a
disability
under
the
Acts;
(c)
Whether
the
requested
reasonable
accommodation
would
impose
an
undue
financial
or
administrative
burden
on
the
City;
(d)
Whether
the
requested
reasonable
accommodation
would
require
a
fundamental
alteration
in
the
nature
of
a
land
use
code
provision;
and
(e)
Any
other
applicable
requirements
of
the
FHA
and
ADA.
(2)
Conditions
of
Approval.
In
granting
a
request
for
reasonable
accommodation,
the
reviewing
authority
may
impose
any
conditions
of
approval
deemed
reasonable
and
necessary
to
ensure
that
the
reasonable
accommodation
would
comply
with
the
findings
required
by
Division
2.19(E)(1).
(3)
Effect
of
Approval.
An
approval,
with
or
without
conditions,
of
an
application
for
reasonable
accommodation
will
be
treated
as
compliance
with
the
Code
section
being
accommodated
but
will
not
affect
any
concurrent
review
not
related
to
the
reasonable
accommodation,
except
that
the
decision
maker
shall
amend
or
modify
any
concurrent
decision
to
incorporate
the
approved
reasonable
accommodation.
(F)
Appeal
of
Determination.
The
applicant
may
appeal
a
determination
granting
or
denying
a
request
for
reasonable
accommodation
to
the
City
Manager
in
accordance
with
Chapter
2,
Article
VI
of
the
Code
of
the
City
of
Fort
Collins.
No
other
review
of
a
reasonable
accommodation
determination
shall
be
allowed
except
as
expressly
provided
within
this
Section.
(Ord.
No.
146,
2017
,
§2,
11/21/17)