HomeMy WebLinkAbout087 - 07/20/2021 - AMENDING CITY CODE OF THE CITY OF FORT COLLINS TO CORRECT AND CLARIFY AN INADVERTENT CHANGE TO THE A ORDINANCE NO. 087, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CODE OF THE CITY OF FORT COLLINS TO
CORRECT AND CLARIFY AN INADVERTENT CHANGE TO THE
APPEAL TO THE CITY COUNCIL OF FINAL DECISIONS BY THE
BUILDING REVIEW COMMISSION AND THE WATER COMMISSION
WHEREAS, Chapter 2, Article 11, Division 3 of the City Code (the "Appeals Code")
establishes a process whereby parties directly affected by the quasi-judicial decisions of City
boards and commissions and certain other City decision makers may be appealed to the City
Council; and
WHEREAS, on February 24, 2020, City Council adopted Ordinance No. 020, 2020,
repealing and reenacting the Appeals Code,including Section 2-47 that permits final decisions that
are "expressly appealable to City Council under other provisions of [the Appeals Code]" to be
decided by City Council; and
WHEREAS, it has been determined that certain final decisions made by the Building
Review Commission and the Water Commission were appealable to City Council under the prior
provision of the Appeals Code, but with the change made to City Code Section 2-47 are no longer
clearly appealable because such decisions are not "expressly appealable to City Council under
other provisions of the Appeals Code"; and
WHEREAS, City Council desires to clarify and,to the extent necessary, reinstate the right
to appeal final decisions of the Building Review Commission and Water Commission as set forth
herein to Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and findings
contained in the recitals set forth above.
Section 2. That Article 1, Chapter 5 of the Code of the City of Fort Collins is hereby
amended by the addition of a new Section 5.3 to read as follows:
Sec. 5-3. - Certain appeals to be taken to city council.
A final decision of the Building Review Commission regarding application of the
International Codes adopted in this Chapter 5 of the City Code may be appealed to
City Council under Chapter 2, Article II, Division 3 of the City Code.
Section 3. That Section 15-156 of the Code of the City of Fort Collins is hereby
amended to read as follows:
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Sec. 15-156. - Duties of Building Review Board; Appeal.
(a) The Building Review Board shall have the duties and perform the
functions as set forth in § 2-1 l 9 of the Code, which duties and functions include,
without limitation. hearing all matters related to the suspension or revocation of
any supervisor certificate or license or registration of any plumber or electrician
as provided in the Code. The Building Review Board is authorized, upon appeal
in specific cases, to grant variances from the terms of this Article, where the strict
application of any provision of this Article would result in peculiar or exceptional
practical difficulties to or exceptional or undue hardship upon the person or
applicant regulated; or, when such applicant can demonstrate to the satisfaction
of the Board that the applicant possesses other qualifications not specifically
listed in this Article. such as specialized training, education or additional
experience, which the Board has determined qualifies the applicant to perform in
a competent manner any construction authorized under the license or certificate
sought,and provided that such relief may be granted without substantial detriment
to the public good and without substantially impairing the intent and purposes of
this Article.
(b) A final decision of the Buildint Review Commission regarding
suspension or revocation of a license under this section may be appealed to City
Council under Chapter 2, Article 11, Division 3 of the City Code.
Section 4. That Section 10-28(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 10-28. - Appeals/variance procedure.
(a) The Water Board, as established in S 2-436, shall hear and decide appeals
from decisions of the Utilities Executive Director and requests for variances from
the requirements ofthis Article. Any final decision of the Board may be appealed
to City Council under Chapter 2. Article 11, Division 3 of the City Code.
-2-
Introduced, considered favorably on first reading, and ordered published this 6th day of
July, A.D. 2021, and to be presented for final passage on the 20th day of Jul , A.D. 2021.
ATTEST:
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Passed and adopted on final reading day of July, A.D. 2021.
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Account##: FTC-003160
FORT-COLLINS
Invoice Text
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Ol NOTICE IS HEREBY GIVEN that the Fort Collins City Count
STATE OF COLORADO )
)ss:AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER)
CITY OF FC-CLERIC-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
1,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that
Collins, in said county and state; that the notice or advertisement,
panted and which the
in the City of Fort
_- _ _ .._ Y p p of general circulation a
the same is a daily news a er
verttsement, of which the annexed is a true
copy, has been published in said daily newspaper and that the notice was published in the regular
and entire issue of every number of said newspaper during the period and time of publication of said
notice, and in the newspaper proper and not in a supplement thereof; that the publication of said
notice was contained in the issue of said newspaper on
07/11/21
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
period of at least six months next prior to the first publication of said notice or advertisement above
referred to;that said newspaper has been admitted to the United States mails as second-class matter
under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
e
Legal Cleric
Subscribed and sworn to before me,within the County of Brown,State of Wisconsin this
11 th of July 2021.
Notary Public
Notary Expires
VICKY FELTY
Notary Public
State Of Wisconsin LegalNo.0004813484
Ad#:0004813484
Affidavit Prepared
P O: Ords Passed and Adopted Sunday,July 11,2021 2:48 am
This is not an invoice
#of Affidavits 1
NOTICE IS HER G1yEN that the
Fprt CoEltns City:.Council,;on-Tuesday,'
July`6,2021rAassed and-oaopted 3fie;fot
lowing;;;ordinances on ;first reddIng.'`
These;'ordinances will 6e:presented farF=
final Rassage on,Tuesday,July.2G;2021:
ORDI NANCE.NO.085,2021.
OF:THE COUNCIL IOF THE'CITY OF:
FORT-: COLLINS .;'APPROPRIATING:::
"PRIOR`±YEAR..RESERVES FROM:THE
;:'PUBLIC, :EDUCATIONAL'
ERNMENTAL`IPEG) PROGRAMMING`
P.UND IN-:THE;GENERAL.FUND:FOR'
FC PUBLIC MEDIA
ORDINANCE NO.618 2021
OF3THE..COUNCIL OF.THE.CITY.OF
COLLINS . APPROPRIATING.,UNANTICIPATED. 'REVENUE'' FROM
i PHILANTHROPIC :,'DONATIONS'; RE=
CE.IVED BY.CITY GIVE TO SUPPORT'
THE OPERATIONS: OF 1 THE GAR-
DENS.ON SPRING CREEK
ORDI NANCE NO.072,2021
OF THE COUNCIL OF;THE,:C:ITY;:OF:`.
FORT`COLLINS:AMENDING`SECTION
2.568 OF THE CODE OF THE CITY OF
FORT COLLINS.RELATING TO.ETHI
CAL:RULES:OF.:CONDUCT,FOR QUA- .
SI-JUDICIAL i;'ICOMMISS[ON' `MEM-
BERS
(3RDINANCE WAR;2021
OF T4 COUNCIL OF THE.CITY OF,}
FORT - COLL-INS �A'MENDING '_THE,'
CODE ;IOF,', ,THE .CITY: 'OF .FORT"
COLLINS, TO:CORRECTIAND,CLARI=
FY AW:'INADVERTENT":`CHANGE" TO'�'
:THE APPEAL TO,THE;CITY.:COUNCIL,
OF FINAL",DECISIONS BY!..
7HE;.
BUiLDlNG.:.;:`REVIEW. ;COMMISSION'
AND THE WATER COMMISSION.
ORDINANCE NO 688,2021
OF THE COUNCIL, OF'THE CITY; OF;
FORT.. COLLINS 'ANNEXING THE
;PROPERTY KNOWN ,: AS ` ;THEr
NORTHEAST:FRONTAGL ROAD;:AN-
NEXATION TOs:THE"CITY OF FORT:
COLLI NS,;:COLORADO
ORDINANCE NO o89 2021
OF THE COUNCIL OF .THE CITY O.F
'FORT 'COLLINS AMENDING .TH
ZONING::MAP OF THE"CITY OF FORT'
COLLINS` AND '.CLASSI FYI NG :FOR.:.
ZONING,'PURPOSES THE PROPERTY:'l
:.
'INCLUDED IN ' THE '>NORTHEAST.
FRONTAGE,:ROAD ANNEXATION
: .TO
THE CITY 'OF FORT COLLINS,
COLORADO,:AND APPROVING=COR-
RESPONDING CHANGES TO THE
RESIDENTIAL NEIGHBORHOOD
SIGN DISTRICT MAP_ AND ;THE;:
LIGHTING CONTI=XT AREA MAP
ORDINANCOF THECOUNCILNOF THE0CITY OF
FORT COLLINS AMENDING THE
.ZONING MAP OF THE CITY OF FORT
"COLLINS .BY .CHANGING THE''ZON-
ING CLASSIFICATION FOP,, THAT.
CERTAIN PROPERTY.' KNOWN';AS,
THE.'NORTHEAST. ;PROSPECT.&;:I:25;'
REZONING .AND.:: MAKING CORRE.'
SPONDING•CHANGES:TO:THE'L:IGHT-
ING CONTEXT,AREA MAP,.AND,RESI=
DENTIAL NEIGHBORHOOD SIGN'
DISTRiCTMAP
OF THE C UNCCIE OF THE,CITY OF
FORTaCOLLINS AMENOING.CHAP
TER 26::OF,THE CODE OF THE:CITY.
OF FORT COLLINS RELATED TO '
. ER tWATER,. WASTEWAT fo pl/fAND fcg
'RTE ,, AND. orby calling the CELECTRIC oVt:;cornlerpkusti liOcfnfoictec eastCHARGES;APPLIED UNDER THE:!N (970)221-6515: y C
'COME QUALIFIED ASSISTANCE PRO-
G RAM 0004813484
Coloradoan The full Text of these ordinances can be July 11,2021
Account#: FTC-003160
CO
FOIST-COLLINS
OR_ A
- D
Invoice Text_N NOTICE IS HEREBY GIVEN that the Fort Collins City Couna� OA
)L
- - ------... ...
STATE OF COLORADO )
)ss:AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER )
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
1,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that
the same is a daily newspaper of general circulation and printed and published in the City of Fort
_.-.—G.ollins,sn_.said_county and state;_that..the_notice-or advertisem.ent,.of..wvhich_.the_annexed_is_a_true_—.___.__.__.
copy, has been published in said daily newspaper and that the notice was published in the regular
and entire issue of every number of said newspaper during the period and time of publication of said
notice, and in the newspaper proper and not in a supplement thereof; that the publication of said
notice was contained in the issue of said newspaper on
07/25/21
NOTICE lS1.HI"REeY GIVEN tizat the.'''_ that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
Fort;Col Itns City CoUnCIh on Tuesday ;, period of at least six months next prior to the first publication of said notice or advertisement above
July=20, 2021,°_passed and adopted E
the
followlhg ordinances omsecond,reoidin9 referred to; that said newspaper has been admitted to the United States mails as second-class matter
ORDINANCE ND'f)72 2021 under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said
OF T+IE.COUNCIL..OF .THE CITY of ' newspaper is a daily newspaper dul qualified for publishinglegal notices and advertisements within
FORT COLLI.NS-AMEND[NG.SECTION' y y
2.568 OF THE`COD OF THE CITY OF the meaning of the laws Of the State Of olorado.
FORT,COLLIN RE�LATING TO�ETHl_J
CAL RULES.OF .,CONDUCT FOR QUA-
'S'JUDICIAL ,<ti COMMf5510N MEM-'
BEP
ORDINANCE NO;085,202)
OF"Ti4E COUNCIL OF"THE CITY OF
.FORT, COLLINS APPROPRIATING'.
PRIOR YEARI'RE5ERVES FROM,THE Legal Clerk
,,:PUBLIC,::EDU.CAT.:IONAL AND=GOW
,ERNMENTAL�'(PEG) PROGRAMMING..,
FUND'IN THE>GENERAL,FUNK FORSubscribed and sworn to before me,within the County of Brown,State of Wisconsin this
FC PUBLIC MEDIA 25th of July 2021.
ORDI NANCE N0.086,2021
�OF'THE.:COUNCIL.;OF;°THE::CITYOF
:'FORT• COLLINS `'APPROPRIATING
UNANTICIPATED REVENUE FROM
PH1L'/1NTHROPIC} rDONAT14N5 REi SryL y _
CEIVED 9Y ClTY GIVE TO SUPPORT ORDINAN l ( 09 '`{�'
THE OPERATIQNS3 OF THE 3 GAR OF THE:;COO PM) O l TYr OF
iDENS N SPRING CRI° K FORT COLLINS AM NDI�Ia 3HE
I ZONING lNAP OF7HE CIT' ,4F FORT
ORDINANCE NO,,087 2021; ZONINGs'.PURPO5E5 THE PRPIW9TY
OF THE COU.NCIL,OF'THE CITY OF INCLl1DD !N .<THE .-.NORTHEAST Notary Public
FORT, COL INS AMENDING; THE FRONTAGE ROAb ANNEXATION TO
ODE: OF THE: CITY OF .'FORT THE C17Y OF` FORT COLLINS
OLL1N5 TO CORRECT AND CLARI COLORADO AND. APPROVING COR
3 Y AN 1NAOVERTENT CHANGE TO ;RE5POND[NG CHANGES' TO :THE .
THE APPEAL:TO THE:CITY COUNCIL RESIDENTIAL NE[GIBORHOOD J
OF 1FINAL; DECISIONS,_'' THE ,
BUILDING REVIEW:,,.,:-COMMISSIDN SIGN DISTRICT` MAP AND THE
AND.THE WATER COMMlSSION'i L[GHTING CONTEXT AREA MAP Notary Expires
ORDINANCE NO :088,2021ORDNC80,490. 7�OR1
OF THE COUNCIL OFiTHE CITY OF OF THE COUNC[L OF, IH CITY OF I
FORT>: COLL`LCdS ANN>�?CXG 'TH)=i
PRo ,ERTY �� �N 1�N Asp iT �3 i. FORT CQLL14Y's AMgmpt�G
NORTHEAST 'FI�OT�1L?E ROAD A ZONING MAP QF THEE#CSY'C4V.
3RT,
N1=XATIONE Tb`THE WTM` �,v FO Tt> ' coLLI,Ns BY4CHANGIIGt H1=` Legal No.0404834933
COLLINS COt:ORADO ING 'CLgS51F,1:CATlO FOt2 T
CERTAIN PROPERTY,`,NeiCNO1f1 `AS
THE :NORTHEAST PR�"�i' 0`§"C � 125
Ad#:0004834933 RHZONlNG 'AND MAK1 �' O:I�RE Affidavit Prepared
SPONDING..CHANGES T,(5�T"�E IOHT
P O: Second Reading 7I20 I NG`CONTEXTAREA MAP AND RESI Sunday,July 25,2021 2:48 am
This is not an invoice `D STRICTMAPIGHBORHOOD SIGN
#of Affidavits 1 The full text of these ordinances can tse' V I C KY F E LTY
found at http!(fcgov cogn/pEi ]IcltRtices
or by;calnng the clty Clr>t , t qt Notary Public
State of Wisconsin
Coloradoan
July 25,2021 ... ..._ _� .,