HomeMy WebLinkAbout146 - 11/21/2017 - AMENDING ARTICLE 2 OF THE LAND USE CODE TO ADD SECTION 2.19 TITLED 'REASONABLE ACCOMMODATION PROCESS (2)ORDINANCE NO. 146, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE 2 OF THE LAND USE CODE TO ADD
SECTION 2.19 TITLED "REASONABLE ACCOMMODATION PROCESS"
WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City
Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and
WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding of
staff and the City Council that the Land Use Code -would most likely be subject to future
amendments, not only for the purpose of clarification and correction of errors, but also for the
purpose of ensuring that the Land Use Code remains a dynamic document capable of responding
to issues identified by staff, other land use professionals and citizens of the City; and
WHEREAS, because of changes to case law and interpretations regarding the federal Fair
Housing Act ("FHA") and the federal Americans with Disabilities Act ("ADA"), staff has
determined it necessary to add a reasonable accommodation process to exempt or modify the
City's zoning rules, policies and practices for qualified individuals when required by the FHA and
ADA; and
WHEREAS, the Planning and Zoning Board reviewed this proposed Land Use Code
amendment at its October 19, 2017 meeting and recommended approval; and
WHEREAS,-the City Council has determined that the recommended Land Use Code
amendments regarding a reasonable accommodation process are in the best interests of the City
and its citizens.
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 2 of the Land Use Code is hereby amended to add a new section
2.19 to read as follows:
Section 2.19- Reasonable Accommodation Process
A) Intent. It is the policy of Fort Collins to provide reasonable accommodation for
exemptions in the application of its zoning laws to rules, policies, and practices for
the siting, development, and use of housing, as well as other related residential
services and facilities, to persons with disabilities seeking fair access to housing.
The purpose of this section is to provide a process for making a request for
reasonable accommodation to individual persons with disabilities.
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B) Application. Any person who requires reasonable accommodation, because of a
disability, in the application of a zoning law that may be acting as a barrier to equal
opportunity to housing opportunities, or any person or persons acting on behalf of
or for the benefit of such a person, may request such accommodation. For purposes
of this section, "disabled," "disability," and other related terms shall be defined as
in the federal Americans with Disabilities Act of 1990 ("ADA"), the Fair Housing
Act ("FHA"), or their successor laws. Requests for reasonable accommodation
shall be made in the manner prescribed by Sec. 2.19 (C).
C) Required Information.
1) The applicant shall provide the following information:
a) Applicant's name, address, and telephone number;
b) Address of the property for which the request is being made;
c) The current actual use of the property;
d) Confirmation that the subject individual or individuals are disabled
under the Acts. Any information related to the subject individual or
individuals' disability shall be kept confidential;
e) The specific zoning code provision, regulation, or policy from
which accommodation is being requested; and
f) Why the reasonable accommodation is necessary for the subject
individual or individuals with disabilities to have equal opportunity
to use and enjoy the specific property.
2) Review With Other Land Use Applications. If the project for which the
request for reasonable accommodation is being made also requires some
other development review, then the applicant shall file the information
required by Sec. 2.19(C) together for concurrent review with any other
application for development review approval. The application for
reasonable accommodation will be decided prior to any concurrent
development review application that is affected by the request for
reasonable accommodation, including but not limited to applications
reviewed by the City Council, Planning and Zoning Board and Zoning
Board of Appeals.
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3) Timing of Application. An application for reasonable accommodation may
be filed at any time prior to a final4decision on a development application,
including any applicable time for appeal.
4) Effect of Application on Appeals. Notwithstanding any limitation found in
2-49 or §2-52 of the City Code, filing an application for reasonable
accommodation will toll the time for filing an appeal regarding a
development application, or hearing an appeal that has been filed, until a
decision on the application for reasonable accommodation is rendered.
D) Review Procedure.
1) Director. Requests for reasonable accommodation shall be reviewed by the
Director, or his/her designee.
2) Interactive Meeting. Upon either the request of the Director or the
applicant, the Director or his or her designee shall hold an interactive
meeting with the applicant to discuss the reasonable accommodation
request in order to obtain additional information or to discuss what may
constitute a reasonable accommodation for a particular application.
3) Director Review. The Director, or his or her designee, shall make a written
determination within forty-five (45) days of receiving an application, or
having an interactive meeting, whichever date comes later, and either grant,
grant with modifications, or deny a request for reasonable accommodation
in accordance with Sec. 2.19(E). Information related to the subject
individual or individuals' disability shall be kept confidential and shall not
be included in a public file.
E) Findings and Decision.
1) Findings. The written decision to grant, grant with conditions or deny a
request for reasonable accommodation shall be based on consideration of
the following factors:
a) Whether the property, which is the subject of the request, will be
used by an individual disabled under the Acts;
b) Whether the request for reasonable'accommodation is necessary to
make specific housing available to an individual with a disability
under the Acts;
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c) Whether the requested reasonable accommodation would impose an
undue financial or administrative burden on the City;
d) Whether the requested reasonable accommodation would require a
fundamental alteration in the nature of a land use code provision;
and
e) Any other applicable requirements of the FHA and ADA.
2) Conditions of Approval. In granting a request for reasonable
accommodation, the reviewing authority may impose any conditions of
approval deemed reasonable and necessary to ensure that the reasonable
accommodation would comply with the findings required by Sec.
2.19(E)(1).
3) Effect of Approval. An approval, with or without conditions, of an
application for reasonable accommodation will be treated as compliance
with the Code section being accommodated but will not affect any
concurrent review not related to the reasonable accommodation,except that
the decision maker shall amend or modify any concurrent decision to
incorporate the approved reasonable accommodation.
F) Appeal of Determination. The applicant may appeal a determination granting or
denying a request for reasonable accommodation to the City Manager in accordance
with Chapter 2, Article VI of the Code of the City of Fort Collins. No other review
of-a reasonable accommodation determination shall be allowed except as expressly
provided within this Section.
Section 3. That this Ordinance will apply to all future development applications and
all current development applications where a final decision has not been rendered, including any
decision on appeal.
Introduced, considered favorably on first reading, and ordered published this 7th day of
November, A.D. 2017, and to be presented for final passage on the 21st day of November, A.D.
2017.
Mayor
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Passed and adopted on final reading on
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Account #:FTC-003160
FORT•COLLINS
STATE OF COLORADO
COUNTY OF LARIMER
ss:AFFIDAVIT OF PUBLICATION
I,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 Collins,in said
county and state;that the notice or advertisement,of which the annexed isa true copy,has been published in
said daily newspaper for
I Day;
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 first publication of said notice was contained in the issue of said newspaper on
Sunday,November 12,2017
that the last publication thereof was contained in the issue of said newspaper on
Sunday,November 12,2017
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 secondclass matter under the provisions of the
Act of March 3,1879,or any amendments thereon 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.
Monday,November 13,2017
My Commission expires September 3,2019
Delivered to:
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS,CO 80521
Affidavit Prepared
Monday,November 13,2017
Invoice Text
NOTICE IS HEREBY GIVEN that the Fort Collins Ci~’Council,on’]
Legalcierk —~
Subscribed and sworn to before me,within the County of Larimer,State of Colorado this
LADONNA MARY LAMAR
NOTARY PUBLIC -STATE OF COLORADO
My ldeniUcation #20154035099
Expires Seplember 3,2019
Notary Public
Legal No.0002529861
9:44 am
APPROPRIATING THE FORT
COLLINS SHARE OF THE 2018 FISCAL
YEAR OPERATING AND CAPITAL
IMPROVEMENT FUNDS FOR THE
NORTHERN COLORADO REGIONAL
AIRPORT
ORDINANCE NO 139,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
BEING THE ANNUAL APPROPRIA.
TION ORDINANCE FOR THE FORT
COLLINS DOWNTOWN DEVELOP
MENT AUTHORITY RELATING TO
THE ANNUAL APPROPRIATIONS
FOR THE FISCAL YEAR 2018 AND
FIXING THE MILL LEVY FOR THE
DOWNTOWN DEVELOPMENT AU
THORITY FOR FISCAL YEAR 2018
ORDINANCE NO 140,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING PRIOR YEAR RE
SERVES IN THE TRANSPORTATION
CAPITAL EXPANSION FEE FUND
AND AUTHORIZING THE TRANSFER
OF APPROPRIATIONS FROM THE
TRANSPORTATION CAPITAL EXPAN
SION FEE FUND INTO THE CAPITAL
PROJECT FUND FOR THE LEMAY
AND VINE INTERSECTION PROJ
ECT,AND TRANSFERRING APPRO
PRIATIONS TO THE CULTURAL
SERVICES AND FACILITIES FUND
FOR THE ART IN PUBLIC pLACES’
PROGRAM
ORDINANCE NO 141,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING UNANTICIPATED
GRANT REVENUE IN THE GENERAL
FUND FOR HAIRY WILLOW HERB
AFFECTED LANDS MANAGEMENT
ORDINANCE NO 142,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
WAIVING CERTAIN FEES FOR HOUS
ING CATALYST’S VILLAGE ON
HORSETOOTH AFFORDABLE HOUS
ING PROJECT AND APPROPRIATING
PRIOR YEAR RESERVES IN VARI
OUS CITY FUNDS TO PAY SPECI
FlED FEES
ORDINANCE NO 146,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING ARTICLE 2 OF THE
LAND USE CODE TO ADD SECTION
219 TITLED REASONABLE ACCOM
MODATION PROCESS
ORDINANCE NO 148,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING VARIOUS PROVISIONS
OF THE CODE OF THE CITY OF
FORT COLLINS AND THE LAND USE
CODE TO ALLOW FOR THE DISCRE
TIONARY WAIVER OF CITY FEES
ON ADDITIONAL AFFORDABLE
HOUSING PROJECTS TO BE CON
STRUCTED IN THE CITY
ORDINANCE NO 149,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
ANNEXING THE PROPERTY KNOWN
AS THE FOX HILLS SECOND ANNEX’
ATION TO THE CITY OF FORT
COLLINS,COLORADO
ORDINANCE NO,150,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE ZONING MAP OF
THE CITY OF FORT COLLINS AND
CLASSIFYING FOR ZONING PURPOS
ES THE PROPERTY INCLUDED IN
THE FOX HILLS SECOND ANNEXA
TION TO THE CITY OF FORT
COLLINS,COLORADO AND APPROV
ING CORRESPONDING CHANGES TO
THE RESIDENTIAL NEIGHBOR
HOOD SIGN DISTRICT MAP
ORDINANCE NO 151,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
ANNEXING THE PROPERTY KNOWN
AS THE 1-25 THIRD ANNEXATION TO
THE CITY OF FORT COLLINS,
COLORADO
ORDINANCE NO 152,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE ZONING MAP OF
THE CITY OF FORT COLLINS AND
CLASSIFYING FOR ZONING PURPOS
ES ‘THE PROPERTY INCLUDED IN
THE 125 THIRD ANNEXATION TO
THE CITY OF FORT COLLINS,
COLORADO AND APPROVING COR
RESPONDING CHANGES TO THE
RESIDENTIAL NEIGHBORHOOD
SIGN DISTRICT MAP
ORDINANCE NO 153,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AUTHORIZING THE CONVEYANCE
OF A PORTION OF CITY PROPERTY
IN THE TRAIL HEAD SUBDIVISION
IN EXCHANGE FOR A PARCEL OF
LAND FROM TRAIL HEAD HOMES,
LLC
ORDINANCE NO 154,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
BEING THE ANNUAL APPROPRIA
TION ORDINANCE RELATING TO
THE ANNUAL APPROPRIATIONS
FOR THE FISCAL YEAR 2018,
AMENDING THE BUDGET FOR THE
FISCAL YEAR BEGINNING JANUARY
1,2010,AND ENDING DECEMBER 31,
2010,AND FIXING THE MILL LEVY
FOR FISCAL YEAR 2018
ORDINANCE NO 155 2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING CHAPTER 26 OF THE
CODE OF THE CITY OF FORT
COLLINS TO REVISE ELECTI~IC
~D
UPDATING RELATED PROVISIONS
ORDINANCE NO 156,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AME?4D1NG CHAPTER 26 OF THE
I CODE OF THE CITY OF FORTCOLLINSTOREVISEWATERRATES,
FEES,AND CHARGES AND UPDAT
ING RELATED PROVISIONS
ORDINANCE NO 157,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING CHAPTER 26 OF THE
CODE OF THE CITY OF FORT
COLLINS TO REVISE WASTEWATER
RATES,FEES.AND CHARGES
The full text of these ordinances con be
found at http flfcgav Com/publicnotiCet
or by Calling the City Clerk’s OffIce at
970-221 6515
2529061Colorodoon
November 12,2017
Account #:FTC-003160
COUNTY OF LARIMER
AFFIDAVIT OF PUBLICATION
I,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 Collins,in said
county and state;that the notice or advertisement,of which the annexed is a true copy,has been published in
said daily newspaper for
IDay;
that the notice was published in the regular and entire issue of every number of said newspaper during the
period and time of publicatioa of said notice,and in the newspaper proper and not in a supplement thereof;
that the first publication of said notice was contained in the issue of said newspaper on
Sunday,November 26,2017
that the last publication thereof was contained in the issue of said newspaper on
Sunday,November 26,2017
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.
Monday,November 27,2017
My Commission expires September 3,2019
Delivered to:
CITY OF FC-CLERK-LEGALS
300 LAI’ORTE AVE
FORT COLLINS,CO 80521
Affidavit Prepared
Monday,November 27,2017
9:27 am
FORT’COLLINS
STATE OF COLORADO
Invoice Text
NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on 9
Subscribed and sworn to before me,within the County of Larimer,State of Colorado this
LAOONNA MARY LAMAR
NOTARY PUBI.lC -STATIE OF COLORADO
My ldrnilicatiofl 20154035099
pires September 3,2019
Notary Public
Legal No.0002559372
NOTICE IS HEREBY GIVEN that the
Fort CollIns City Council,on Tuesday,
November 21,2017,passed and adapted
the following ordinances on second
reading.
ORDINANCE NO 138,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
ADOPTING THE 2018 BUDGET AND
APPROPRIATING THE FORT
COLLINS SHARE OF THE 2018 FISCAL
YEAR OPERATING AND CAPITAL
IMPROVEMENT FUNDS FOR THE
NORTHERN COLORAOO REGIONAL
AIRPORT
ORDINANCE NO.139,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
BEING THE ANNUAL APPROPRIA
TION OROINANCE FOR THE FORT
COLLINS DOWNTOWN DEVELOP
MENT AUTHORITY RELATING TO
THE ANNUAL APPROPRIATIONS
FOR THE FISCAL YEAR 2018 AND
FIXING THE MILL LEVY FOR THE
DOWNTOWN DEVELOPMENT AU
THORITY
ORDINANCE NO 140,2017
OF THE COUNCIL OF ‘THE CITY OF
FORT COLLINS
APPROPRIATING PRIOR YEAR RE
SERVES IN THE TRANSPORTATION
CAPITAL EXPANSION FEE FUND
AND AUTHORIZING THE TRANSFER
I OF APPROPRIATIONS FROM THE
-Th
TRANSPORTATION CAPITAL EXPAN
SION FEE FUND INTO THE CAPITAL
PROJECT FUND FOR THE LEMAY
AND VINE INTERSECTION PROJ.
ECT,AND TRANSFERRING APPRO
PRIATIONS TO THE CULTURAL
SERVICES AND FACILITIES FUND
FOR THE ART IN PUBLIC PLACES
PROGRAM
ORDINANCE NO 141,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING UNANTICIPATED
GRANT REVENUE IN THE GENERAL
FUND FOR HAIRY WILLOW HERB
AFFECTED LANOS MANAGEMENT
ORDINANCE NO 142,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
WAIVING CERTAIN FEES FOR HOUS
ING CATALYST’S VILLAGE ON
HORSETOOTH AFFORDABLE HOUS
ING PROJECT ANDAPPROPRIATING
PRIOR YEAR RESERVES IN VARI
OUS CITY FUNDS TO PAY SPECI
FIED FEES
ORDINANCE NO 146,2017
OF THE COUNCIL OF THE CITY OF
PORT COLLINS
AMENDING ARTICLE 2 OF THE
LAND USE CODE TO ADD SECTION
219 TITLED “REASONABLE ACCOM
MO~A19ON PROCESS”
“ORDINANCE NO 148,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING VARIOUS PROVISIONS
OF THE CODE OF THE CITY OF
FORT COLLINS AND THE LAND USE
CODE TO ALLOW FOR THE DISCRE
TIONARY WAIVER OF CITY FEES
ON ADDITIONAL AFFORDABLE
HOUSING PROJECTS TO BE CON
STRUCTED IN THE CITY
ORDINANCE NO 149,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
ANNEXING THE PROPERTY KNOWN
AS THE FOX HILLS SECOND ANNEX
ATION TO THE CITY OF FORT
COLLINS,COLORADO
OROINANCE NO,150,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE ZONING MAP OF
THE CITY OF FORT COLLINS AND
CLASSIFYING FOR ZONING PURPOS
ES THE PROPERTY INCLUDED IN
THE FOX HILLS SECOND ANNEXA
TION TO THE CITY OF FORT
COLLINS,COLORADO AND APPROV
ING CORRESPONDING CHANGES TO
THE RESIDENTIAL NEIGHBOR
HOOD SIGN DISTRICT MAP
ORDINANCE NO 151,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
ANNEXING THE PROPERTY KNOWN
AS THE 1-25 THIRD ANNEXATION TO
THE CITY OF FORT COLLINS,
COLORADO
ORDINANCE NO 152,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE ZONING MAP OF
THE CITY OF FORT COLLINS AND
CLASSIFYING FOR ZONING PURPOS
ES THE PROPERTY INCLUDEDJN
THE 25 THIRD ANNEXATION TO
THE CITY OF FORT COLLINS,
COLORADO AND APPROVING COR
RESPONDING CHANGES TO THE
RESIDENTIAL NEIGHBORHOOD
SIGN DISTRICT MAP
ORDINANCE NO 153,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AUTHORIZING THE CONVEYANCE
OF A PORTION OF CITY PROPERTY
IN THE TRAIL HEAD SUBDIVISION
IN EXCHANGE FOR A PARCEL OF
LAND FROM TRAIL HEAD HOMES,
LLC
ORDINANCE NO 154,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
BEING THE ANNUAL APPROPRIA
TION ORDINANCE RELATING TO
THE ANNUAL APPROPRIATIO~gS
FOR THE FISCAL YEAR 2818,
AMENDING THE BUDGET FOR THE
FISCAL YEAR BEGINNING JANUARY
1,2018,AND ENDING DECEMBER 31,
2018,AND FIXING THE MILL LEVY
FOR PROPERTY TAXES PAYABLE
IN 2010
ORDINANCE NO 155,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING CHAPTER 26 OF THE1
CODE OF THE CITY OF FORT
COLLINS TO REVISE ELECTRIC
RATES,FEES,AND CHARGES,AND
UPDATING RELATED PROVISIONS
ORDINANCE NO 156,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING CHAPTER 26 OF THE
CODE OF THE CITY OF FORT
COLLINS TO REVISE WATER RATES,
FEES,AND CHARGES AND UPDAT
ING RELATED PROVISIONS
ORDINANCE NO 157,2017
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING CHAPTER 26 OF THE
CODE OF THE CITY OF FORT
COLLINS TO REVISE WASTEWATER
RATES,FEES,AND CHARGES
The full text at these ard,nonces con be
found at http //fcgov comfpublicnotices
or by Calling the City Clerk’s OffIce at
970-221-6515
2559372
Colarodoon
November 26,2017