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HomeMy WebLinkAbout114 - 11/01/2022 - REPEALING AND REENACTING SECTION 29-1 OF CITY CODE TO ADOPT THE LAND DEVELOPMENT CODE AND SEPARATELYREPEALED -FEBRUARY 7,2023,BY ORDINANCE NO.007,2023 ORDINANCE NO.114,2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING AND REENACTING SECTION 29-1 OF THE CODE OF THE CITY OF FORT COLLINS TO ADOPT THE LAND DEVELOPMENT CODE AND SEPARATELY CODIFYING THE 1997 LAND USE CODE AS “2022 TRANSITIONAL LAND USE REGULATIONS” WHEREAS,the City of Fort Collins,as a home-rule municipality,is auth9r’Ized by Article XX,Section 6 of the Colorado Constitution,the provisions of state statu$s,and its City Charter to develop and implement policies and ordinances regulating the ~évelopment of land within the City;and WHEREAS,on March 18,1997,by adoption of Ordinance/o.51,1997,the Council of the City of Fort Collins adopted the Land Use Code referr/d to in Section 29-1 of the City Code,which was subsequently amended and on Decemb/r 2,1997,by adoption of Ordinance No.190,1997 the City repealed the Land Use Code/o adopted and reenacted the Land Use Code dated December 12,1997 (referred to her/in as the “1997 Land Use Code”);and / WHEREAS,since adoption of the 1997 Land U~/~ode,the City Council adopted Resolution 2019-048 on April 16,2019 (later ratified b/Ordinance No.40,2020)adopting a major update of the comprehensive master plan forflce City and its additional components and elements such as the Master Street Plan,sub~da plans (the “2019 City Plan”);and WHEREAS,on March 2,2021,by ~d~ption of Ordinance No.033,2021,City Council adopted the Housing Strategic Phi/as an element of the City’s comprehensive plan establishing a goal that all residents%ave healthy stable housing they can afford and listing 26 housing strategies proposed ~fim~lementation to progress toward that goal;and WHEREAS,the City comT~i~ioned the Land Use Code Audit dated January 2020 to align the 1997 Land Use Cod/with adopted City plans and policies with a focus on housing-related changes,code,yfganization,and equity;and WHEREAS,chang~~o the 1997 Land Use Code to implement the 2019 City Plan and the Housing Strateg/Plan goals of improving housing supply and affordability are desired;and WHEREA,9(~n preparation for a future comprehensive review and rewrite (Phase Two)of the l997Land Use Code as contemplated in the 2019 City Plan,reorganization of the 1997 Land1Cse Code to consolidate standards,eliminate repetition,simplify language, and increasy~e6ser-friendliness is also desired;and y6IEREAS,in light of the proposed changes to the 1997 Land Use Code,the anticip6ted continuing work in Phase Two,and to better describe its purpose,the code repl cing the 1997 Land Use Code is known as the Land Development Code;and WHEREAS,City staff has conducted extensive public outreach regarding the Land Development Code including conducting public meetings both remote and in person upon request while offering interpreting services during such meetings,making recordings of public meetings available,answering questions at advertised office hours and by email, maintaining a website with the latest information in the process,outreach to City boards and commissions including the Planning and Zoning Commission,Historic Preservation Commission,Transportation Board,Affordable Housing Board,Natural Resource Advisory,Youth Advisory Board,and multiple Council work sessions;and WHEREAS,City Council has further determined that the 1997 Land Use Code shall be separately codified as the “2022 Transitional Land Use Regulations”and limited in their application to the review of pending land development applications submitted and determined to be complete and ready for review pursuant to Land Use Code Section 2.2.4 prior to the effective date of the Land Development Code as set forth in this Ordinance; and WHEREAS,the new Land Development Code,effective January 1,2023,will replace the 1997 Land Use Code in its entirety;and WHEREAS,pursuant to City Charter,Article II,Section 7,City Council may enact any ordinance which adopts any code by reference in whole or in part provided that before adoption of such ordinance the Council shall hold a public hearing thereon and notice of the hearing shall be published twice in the newspaper of general circulation,published in the city,one (1)of such publications to be at least eight (8)days preceding the hearing and the other at least fifteen (15)days preceding the hearing;and WHEREAS.in compliance with City Charter.Article II.Section 7,the City Clerk published in the Fort Collinc Coloradoan such notice of hearing on October 2.2022.and October 9,2022,and WFIEREAS,the attached Exhibit “A’is a copy of the text of thc Notice of Public Hearing that was so published and which the Council hereby finds in cts the requirements of City Charter.Article II.Section 7:and WHEREAS,pursuant to City Code Section 1-14,at least one copy of the Land Development Code shall be kept on file in the office of the City Clerk available for public inspection,and one copy shall be kept in the office of the chief enforcement officer thereof~ and WHEREAS,on September 28,the Planning and Zoning Commission on a 5-2 vote recommended that City Council adopt the Land Development Code with certain recommended changes;and WHEREAS,City Council has determined that adoption of the new Land Development Code is appropriate to accomplish the goals set forth above and is in the best interests of the residents of the City. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1.That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2.That Section 29-I of the Code of the City of Fort Collins is hereby repealed and reenacted to read as follows: Sec.29-1.-Cross reference to Land Development Code Pursuant to the authority conferred by Article II,Section 7 of the Charter,there is hereby adopted by reference the Land Development Code,which shall have the same force and effect as though set forth herein.The Land Development Code may be used,as applicable, to support the implementation of the Code of the City of Fort Collins;and the Code of the City of Fort Collins may be used,as applicable,to support the implementation of the Land Development Code.One copy of the Land Development Code shall be kept on file in the office of the City Clerk and available for public inspection during regular business hours. Section 3.That the 1997 Land Use Code is hereby repealed and separately codified as the “2022 Transitional Land Use Regulations”and shall be limited in their application to the review of pending land development applications submitted and determined to be complete and ready for review pursuant to Land Use Code Section 2.2.4 prior to the effective date of the Land Development Code as set forth in this Ordinance. Section 4.That the Land Development Code shall be effective for all land development applications submitted on or after January 1,2023. Section 5.That references to the Land Use Code in the Code of the City of Fort Collins and City Council and administratively adopted policy,planning,regulatory,and other documents including,but not limited to,the 2019 City Plan,the Larimer County Urban Area Street Standards,the Stormwater Criteria Manual,Dust Prevention and Control Manual shall be interpreted to refer to the appropriate provisions of the Land Development Code until conforming changes can be made. Section 6.That penalties for Land Development Code violations are set forth in Land Development Code Section 6.26.4 which states: 6.26.4 CRIMINAL AND CIVIL LIABILITY;PENALTJES (A)Except as otherwise specified in this Land Development 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 Code,or any agent,lessee,employee,representative,successor or assign thereof)who violates this 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 Section 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 lawftil action as is necessary to prevent or remedy any violations of this Land Development Code. (B)An owner,property manager or occupant commits a civil infraction by violating any provision of Section 5.14.1 of this Land Development 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 Section 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 5.14.1 of this Land Development 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. Introduced,considered favorably on first reading and ordered published this 18th day of October,A.D.2022,and to be presented for final passage on the 1st day of November,A.D.2022. ATTEST: ayor Deputy City Clerk Passed and adopted on final reading this 1st day of ~evember,A.D.i /4 / ATTEST: ,q DV City ‘Ierk~.. EXHIBIT A NOTICE OF PUBLIC HEARING NOTICE is hereby given of a public hearing to be held before the Council of the City of Fort Collins,Colorado,on the 18th day of October,A.D.,2022 at 6:00 p.m.,or as soon thereafter as the matter may come on for hearing,in the Council Chambers at the City Hall,300 LaPorte Avenue,Fort Collins,Colorado for the purpose of considering the adoption of an ordinance that repeals the existing Land Use Code and adopts by reference the new Land Development Code. Not less than one (I)copy of the new Land Development Code has been,and now is on file in the Office of the City Clerk of the City of Fort Collins and is available for public inspection. The purpose of adopting the new Land Development Code by said ordinance is to protect the public health,safety and welfare of the City and its residents by updating the regulation of zoning and development of land within the City to support the adopted goals and policies in City Plan,the Housing Strategic Plan and other City Plan elements,and other Council adopted policy plans. Individuals who wish to address Council via remote public participation can do so through Zoom at https://zoom.us/j/98241416497.She link and instructions are also posted at www.fcpov.com/councilcomments.)Individuals participating in the Zoom session should watch the meeting through that site,and not via FCTV,due to the streaming delay and possible audio interference. The City of Fort Collins will make reasonable accommodations for access to City services, programs and activities,and will make special communication arrangements for persons with disabilities.Please call (970)221-6515 (V/TDD:Dial 711 for Relay Colorado)for assistance. This notice is given and published by order of the City of Fort Collins,Colorado. Dated this 2nd day of October,A.D.2022. Anissa Hollingshead City Clerk Upon request,the City of Fort Collins will provide language access services for individuals who have limited English proficiency,or auxiliary aids and services for individuals with disabilities,to access City services,programs and activities.Contact 970.221.6515 (V/TDD:Dial 711 for Relay Colorado) for assistance.Please provide 48 hours advance notice when possible. A solicitud,Ia Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no dominan el idioma inglés,o ayudas y servicios auxiliares para personas con discapacidad,para que puedan acceder a los servicios,programas y actividades de Ia Ciudad.Para asistencia,Ilame al 970.221.6515 (V/TDD:Marque 711 para Relay Colorado).Por favor proporcione 48 horas de aviso previo cuando sea posible.