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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. 0 Mayor ATTEST: City Clerk � 2 Passed and adopted on final reading this lst day of Au F1.D., 1995. Mayor ATTEST: City Clerk 3