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HomeMy WebLinkAbout154 - 11/01/1994 - AMENDING ORDINANCE NO. 103, 1994 PERTAINING TO THE TEMPORARY SUSPENSION OF APPLICATIONS FOR RETAIL A ORDINANCE NO. 154, 1994 AMENDING ORDINANCE NO. 103, 1994, PERTAINING TO THE TEMPORARY SUSPENSION OF APPLICATIONS FOR RETAIL AND COMMERCIAL PLANNED UNIT DEVELOPMENTS AND SITE PLAN REVIEWS WITHIN THE HARMONY CORRIDOR WHEREAS, on July 5, 1994, the City Council adopted on second reading Ordinance No. 103, 1994 ("the Ordinance") , which established a six-month suspension of the processing of applications for retail and commercial planned unit developments and site plan reviews within the Harmony Corridor, except for those applications that had received preliminary or final approval by the City on or before the effective date of the Ordinance; and WHEREAS, on August 11, 1994, the Colorado Court of Appeals decided the case of Marshall v. Aspen, which held that building permit applications must be processed under the criteria existing at the time of the filing of the application, unless an ordinance establishing different criteria was "pending" at the time of the filing of the application; and WHEREAS, although the foregoing decision of the Colorado Court of Appeals may or may not be applicable to the Ordinance and the circumstances under which it was adopted, the City Council believes it to be in the best interests of the City to apply the rationale of said decision to the Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 4 of Ordinance No. 103, 1994, is hereby amended to read as follows: Section 4. That the provisions of this Ordinance shall not apply l;o or affect the processing of applications or the issuanee-ef for: building permits, : ^a^r prerpnse planned ^� unit developments or site plan. reviews that have-r P�Plifflinary or final approval by thai were* bmple b and filesd with) the City on or before the effective date of this Ordinance. Section 2. That, except as amended in Section 1 above, the provisions of Ordinance 103, 1994 shall remain in full force and effect. Introduced, considered favorably on first reading, and ordered published this 18th day of October, A.D. 1994, and to be presented for final passage on the 1st day of November, A.D. 1994. Mayor ATTEST: City Clerk Passed and adopted on final reading this lst day of November, A.D. 1994. Mayor ATTEST: City Clerk