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HomeMy WebLinkAbout091 - 05/19/1998 - AMENDING THE CITY CODE REGARDING THE FUNCTIONS OF THE PLANNING AND ZONING BOARD ORDINANCE NO. 91, 1998 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 2-353(4) OF THE CODE OF THE CITY OF FORT COLLINS REGARDING THE FUNCTIONS OF THE PLANNING AND ZONING BOARD WHEREAS,Division 2.10 of the City's Land Use Code contains provisions allowing for the appeal of administrative decisions to the Zoning Board of Appeals; and WHEREAS, Section 2-353(4) of the Code of the City of Fort Collins also allows for the appeal of administrative decisions to the Planning and Zoning Board; and WHEREAS,the City Council has determined that it is in the best interest of the City of Fort Collins that the Code be amended to clarify the proper avenue for appealing an administrative decision by providing for only one mechanism for such appeal; WHEREAS, the City Council has further determined that the procedure established in the Land Use Code for the filing and processing of such appeals with the Zoning Board of Appeals is a more complete and better conceived process; and WHEREAS, the City Council has accordingly determined that the provisions as contained in Section 2-353(4)for the filing of appeals with the Planning and Zoning Board should be removed from the Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 2-353(4) of the Code of the City of Fort Collins 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 Charter subject to the appeal procedures contained in Article II, Division 3 of this Chapter. In 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. Introduced,considered favorably on first reading,and ordered published this 5th day of May A.D. 1998, and to be presented for final passage on the 19th day"of*ay, A.D. 1998. ATTEST: '7wil h .* -A A City Clerk Passed and adopted on final reading this 19th day ofWay,, A.D. 1998. ,.,Mayor s ATTEST: ��7dt ,42oL� lT�dri5 /�pu City Clerk