HomeMy WebLinkAbout003 - 02/05/2008 - AMENDING CHAPTER 2, DIVISION 3 OF THE CITY CODE PERTAINING TO APPEALS TO THE CITY COUNCIL ORDINANCE NO. 003, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 2, DIVISION 3 OF THE CODE OF THE
CITY OF FORT COLLINS PERTAINING TO APPEALS TO THE CITY COUNCIL
WHEREAS, several members of the Council have requested that staff prepare a proposed
amendment to the provisions of Chapter 2, Division 3 of the Code that would expressly permit
Councilmembers to inspect the site of a project development plan or otherproposal that is the subject
of an appeal; and
WHEREAS, staff has recommended certain proposed amendments to the Code that would
achieve that purpose while protecting the due process rights of all parties-in-interest involved in an
appeal; and
WHEREAS, the Council believes that the foregoing proposed amendments are in the best
interest of the City and wishes to adopt the same.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows;
Section 1. That Section 2-55 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 2-55. Site visits/no ex parte contacts.
(a) If a Councilmember wishes to inspect the site of a project
development plan or other proposal that is the subject of an appeal, he or she may,
no later than ten(10)days prior to the date of the hearing on the appeal,request that
the City Manager schedule such inspection. Upon receipt of such a request,the City
Manager shall forthwith schedule the inspection for a date and time when he or she
believes that the majority of Council will be able to attend. The City Clerk shall,no
less than five(5)days prior to the date of the hearing on the appeal,mail notice of the
proposed site inspection to the appellant and to all parties-in-interest to whom notice
of the appeal hearing was sent by the City Clerk under§ 2-54(a). The appellant and
all other parties-in-interest shall be entitled to attend such inspection,along with any
members of City staff whose presence is requested by the City Manager. Any
Councilmembers conducting a site inspection under this provision shall, at the
hearing on the appeal, state on the record any observations they made or
conversations they had at the site which they believe may be relevant to their
determination of the appeal. The requirements of this provision shall not apply to
observations made of the site by Councilmembers during the course of their travels
within public rights-of-way adjacent to the site,but onlyto site inspections conducted
for the express purpose of gathering additional information that may assist them in
determining the appeal.
(b) In order to afford all parties-in-interest a fair opportunity to respond
to the information upon which the City Council is to base its decision on appeal, and
in order to preserve the impartiality of Councilmembers hearing the appeal, all
Councilmembers who intend to participate in hearing the appeal shall,to the extent
reasonably possible, avoid communications with parties-in-interest and members of
the general public regarding the merits of the appeal prior to the hearing on the
appeal.
Section 2. That Subsection 2-56(a) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 2-56. Procedure at the hearing.
(a) At the hearing on the appeal by the City Council,the presentation of
argument on the merits of the appeal shall be made in the following order,subject to
such limitations in time and scope as maybe imposed at the discretion of the Mayor:
(1) Explanation of the nature of the appeal and presentation by City staff;
(2) Comments by Councilmembers who have visited the site pursuant to
Subsection 2-55(a);
(3) Presentation of argument by the appellant and any party-in-interest in
support of the appeal;
(4) Presentation of argument by any party-in-interest who is an opponent
of the appeal;
(5) Rebuttal presentation by the appellant and any party-in-interest in
support of the appeal;
(6) Rebuttal presentation by any party-in-interest who is an opponent of
the appeal;
(7) Councilmember questions of City staff and parties-in-interest and
(8) Motion, discussion and vote by the City Council.
Section 3. That Section 2-57 of the Code of the City of Fort Collins is hereby amended
to read as follows:
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Sec. 2-57 New evidence; scope of review; alternative actions available to
the City Council; date of final action.
(b) New evidence shall not be considered on appeal except under the
following circumstances:
(1) When offered in support of or in opposition to an allegation under
Subparagraph 2-48(2)c that a board, commission or other decision
maker considered evidence relevant to its findings which was
substantially false or grossly misleading;
(2) When offered by City staff or parties-in-interest in response to
questions presented by Council-members under Subsection 2-56(a)
or(b);
(3) When offered by Councilmembers after inspecting the site of the
project development plan or other proposal that is the subject of an
appeal pursuant to the provisions of Subsection 2-55(a).
Introduced and considered favorably on first reading and ordered published this 15th day of
January, A.D. 2007, and to be presented for final passage 5th day of February, .D. 2007.
Mayor
ATTEST:
46L)CL
City Clerk
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Passed and adopted on final reading this 5th day of February, A.D. 2007.
A
Mayor
ATTEST:
City Clerk
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