HomeMy WebLinkAbout2023-014-01/17/2023-REFERRING ORDINANCE NO. 114, 2022, REPEALING AND REENACTING SECTION 29-1 OF THE CODE OF THE CITY OFNo Action Taken
01/17/2023
RESOLUTION 2023-014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REFERRING ORDINANCE NO. 114, 2022, 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”
TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY
AT THE NEXT MUNICIPAL ELECTION
WHEREAS, on November 1, 2022, the City Council adopted on second reading
Ordinance No. 114, 2022, 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” (the “Ordinance”); and
WHEREAS, on November 11, 2022, a registered elector commenced referendum
proceedings by filing with the City Clerk a notice of protest against the Ordinance; and
WHEREAS, on November 18, 2022, the City Clerk approved the form of the referendum
petition relating to the Ordinance (the “Referendum Petition”); and
WHEREAS, on December 19, 2022, the petition representatives filed the Referendum
Petition with the City Clerk; and
WHEREAS, on December 30, 2022, the City Clerk issued and provided to the City Council
her certification that the Referendum Petition contained the requisite number of signatures (at least
4,228) to require further action by the City Council, and;
WHEREAS, under Article X, Section 2(e) of the City Charter, the presentation to the City
Council of a petition certified by the City Clerk as sufficient for referendum automatically
suspends the operation of the Ordinance pending repeal by the Council or final determination by
the electors; and
WHEREAS, under Article X, Section 2(e) of the City Charter, if the Ordinance is not
repealed, the Council must refer the same to a vote of the registered electors at the next regular or
special city election, or, in the alternative, call a special election for that purpose; and
WHEREAS, the City Council has determined that the Ordinance should not be repealed by
the Council but should instead be referred to the registered electors at the next City election.
NOW, THEREFORE, BE IT RESOLVED 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.
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01/17/2023
Section 2. That the Council hereby directs the City Manager and City Attorney to
present
for Council consideration on February 7, 2023, a resolution setting the ballot title and
submission clause to refer Ordinance No. 114, 2022, 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”, to the registered
electors of the City of Fort Collins at the next city election, in light of the Referendum Petition
described above.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th
day of January, 2023.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk