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HomeMy WebLinkAbout138 - 10/21/1980 - AMENDING CHAPTER 2 OF THE CITY CODE BY EXPANDING THE POWERS OF THE PLANNING AND ZONING BOARD IN ARTI B ORDINANCE NO 138, 1980 OF THE COUNCIL OF THE CITY OF FORT COLLINS BEING AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF FORT COLLINS BY EXPANDING THE POWERS OF THE PLANNING AND ZONING BOARD IN ARTICLE V THEREOF WHEREAS, the Charter of the City of Fort Collins provides that the City Council , by ordinance approved by at least five (5) Councilmembers, may expand the authority of the Planning and Zoning Board to include final action on all planning items except zonings, rezonings, and annexations, subject to the right of appeal to City Council, and WHEREAS, Council desires to so expand the authority of the Planning and Zoning Board NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows Section 1 That Article V of Chapter 2 of the Code of the City of Fort Collins be, and the same hereby is, titled to read as follows ARTICLE V Planning and Zoning Board Authority Section 2 That Chapter 2 of the Code of the City of Fort Collins be, and the same hereby is, amended by the addition thereto of a new Section 13 (Planning and Zoning Board Authority) to read as follows "§2-13 Planning and Zoning Board Authority The Planning and Zoning Board shall have the authority to take final action to approve, disapprove or approve with condi- tions, preliminary plans and final plans of planned unit developments and subdivision plats in accordance with the City Code and Charter provided that, the City Council , by a majority vote of a quorum of its members, shall have the power to overrule such decisions " Section 3 That Chapter 2 of the Code of the City of Fort Collins be, and the same hereby is, amended by the addition of a new Section 13 5 (Appeals) to read as follows "§2-13 5 Appeals A final decision of the Planning and Zoning Board may Fe appealed by the City, the developer, or an owner of property which is located within five hundred feet (5001 ) of the proposed planned unit development or subdivision The City Council on its own motion and by majority vote may consider and reverse, sustain, or modify any final decision of the Planning and Zoning Board " n-, B" Section 4 That Chapter 2 of the Code of the City of Fort Collins be, and the same hereby is, amended by the addition of a new Section 14 (Request for Appeal ) to read as follows "§2-14 Request for Appeal The appellant shall submit written notice of appeal to the City Clerk within fourteen (14) days of the date of such final action The City Clerk shall cause the matter to be placed on the City Council agenda for hearing at either the next regularly scheduled meeting of the City Council , if such written notice is received by the City Clerk at least fourteen (14) days prior to such meeting, or at the next successive regularly scheduled meeting " Section 5 That Chapter 2 of the Code of the City of Fort Collins be, and the same hereby is, amended by the addition thereto of a new Section 14 5 (Notice of Appeal ) to read as follows "§2-14 5 Notice of Appeal Written notice of an appeal from a final decision of the Planning and Zoning Board to the City Council shall be given by the City Clerk to the appellant, the developer and to all owners of prop- erty located within five hundred feet (500' ) of the planned unit development or subdivision at least ten (10) days prior to the date set for hearing of the appeal by the City Council " Section 6 That Section 2 of the Code of the City of Fort Collins be, and the same hereby is, amended by the addition thereto of a new Section 15 5 (Nature of Review) to read as follows "§2-15 5 Nature of Review (A) An appeal from a final decision of the Planning and Zoning Board shall be a new hearing which shall consist of consideration of any relevant evidence or argument based upon the evidence (B) An appeal from a final decision of the Planning and Zoning Board, insofar as it relates to a final plan of a planned unit development or subdivision, shall be limited to consideration of the consistency of the final plan with the approved preliminary plan " Section 7 On the effective date of the within ordinance, all provi- sions thereof shall apply to all planned unit developments and subdivisions except those for which a recommendation has been made by the Planning and Zoning Board to the City Council -2- Introduced, considered favorably on first reading, and ordered pub- lished this 7th day of October , A D 1980, and to be presented for final passage on the2lst acayy'of Qctober A D 1980 %`, ,Y � , Mayor ATTEST City Clerk Passed and adopted on final reading this 21st day of October , A D 1980 0 L 0 j_AL4 Ma o ATTEST 22JCity CleW -3-