HomeMy WebLinkAbout089 - 08/01/1995 - AMENDING CITY CODE REGARDING APPEALS ORDINANCE NO. 89, 1995
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING SECTIONS 2-353, 29-513 AND 29-514
REGARDING APPEALS
WHEREAS, the Council, pursuant to Ordinance No. 88, 1995, has provided that decisions
of the boards and commissions of the City which are appealable to the City Council should be stayed
from going into effect pending the period of time within which an appeal may be filed, and if filed,
pending resolution of the appeal; and
WHEREAS, the purpose of this Ordinance is to clarify the provisions of various other
ordinances of the City that address the question of appeals and to bring those Code sections into
harmony with the provisions of Ordinance No. 88, 1995.
NOW, THEREFORE, BE TI ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 2-353(4) of the Code of the City is amended to read as follows:
See. 2-353. Functions.
(4) To take final action to approve, disapprove or approve with conditions all
planning items in accordance with this Code and Chatter subject to the appeal
procedures contained in Article II, Division 3 of this Chapter. hi taking such
final action, the board shall have the authority to accept the dedication of
streets,easements and other rights-of-way as laid out on plats presented to the
board for approval or as otherwise described in deeds of dedication, whether
on or off the site of a specific planning item, provided that such dedication
is necessitated by reason of the approval of such planning item. The board
shall also have the authority to vacate easements and other rights-of-way, but
not to include streets and alleys, by resolution or by approval of replats
containing notation of such vacation. The board shall further have the
authority to hear and decide appeals from,and review any order,requirement,
decision or determination made by, an administrative official which pertains
to any planning item previously reviewed or approved by the board if such
appeals and requests for review are filed not later than fourteen (14) days
after the action which is the subject of such appeal or request for review. No
action shall be taken in reliance upon any such order, requirement, decision
or determination until all appeal rights related to such decision have been
exhausted.
Section 2. That Section 29-513(b)of the Code of the City is amended to read as follows:
Sec. 29-513. Notice and Hearing.
(b) A "notice of approval' describing generally the type and intensity of use
approved, the specific parcel or parcels affected, and stating that a vested
property right has been created or extended, shall be published once, not later
than fourteen (14) days after the expiration of any right of appeal of the
approval or the extension of the site specific development plan, or, in the
event of the filing of an appeal, after final resolution of such appeal, in a
newspaper of general circulation within the city. The prior 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.
Section 3. That Section 29-5-14(a)of the Code of the City is amended to read as follows:
Sec. 29-514. Approval; effective date; amendments.
(a) A site specific development plan shall be deemed approved either upon the
expiration of any right of appeal of the approval by the Planning and Zoning
Board-or Director of Planning, as applicable, relating thereto,-or,-in-the event-
that any such decision of approval has been appealed, upon final resolution
of such appeal, subject to the right of judicial review. The developer must
have undertaken and completed the development of an approved site specific
development plan within three (3) years from the effective date of approval.
For the purposes of this Subdivision, a developer has "undertaken and
completed the development" when all engineering improvements (water,
sewer, streets, curbs, gutter, street lights, fire hydrants and storm drainage)
are installed and completed in accordance with city rules and regulations.
Introduced,considered favorably on first reading,and ordered published this 18th day of July,
A.D., 1995, and to be presented for final passage on the Is of August, A �95.
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Mayor
ATTEST:
City Clerk �
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Passed and adopted on final reading this lst day of Au F1.D., 1995.
Mayor
ATTEST:
City Clerk
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