HomeMy WebLinkAbout129 - 10/14/2008 - AMENDING DIVISION 2.12 OF THE CITY'S LAND USE CODE TO ADD A NEW SECTION ESTABLISHING A PROCEDURE FOR i
EMERGENCY ORDINANCE NO. 129, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING DIVISION 2.12 OF THE CITY'S LAND USE CODE
TO ADD A NEW SECTION ESTABLISHING A PROCEDURE
FOR DISCONNECTING PROPERTY FROM THE CITY
WHEREAS,on this same date,the City Council has adopted Emergency Ordinance No. 128,
2008, authorizing the conveyance of a portion of the Arapaho Bend Natural Area(the"Property")
to the Fort Collins Capital Leasing Corporation; and
WHEREAS,the City Council has received from the Fort Collins Capital Leasing Corporation
an application to disconnect the Property from the City and has received from the City Manager an
application to disconnect from the City certain portions of Harmony Road, Strauss Cabin Road and
Kechter Road; and
WHEREAS, the City's Land Use Code ("LUC") states, in Section 2.12.1 thereof, that the
annexation of lands to the City shall be in accordance with the laws of the state, and establishes
certain other regulations relating to annexation; and
WHEREAS,the LUC does not contain a procedure for disconnecting land from the City;and
WHEREAS, state law establishes such a procedure for statutory cities but is silent as to the
manner in which disconnections should occur from home rule municipalities such as Fort Collins;
and
WHEREAS, the City Council believes that the statutory process for disconnection from
statutory cities is fair and reasonable,and that,in order to prevent the Town of Timnath's annexation
of a critical gateway to the City that has,for twenty-eight years,been contained in the City's Growth
Management Area, and for the various reasons stated in Emergency Ordinance No. 128, 2008, the
City Council believes it to be in the best interests of the City and necessary to protect the health,
safety and welfare of the residents of the City to immediately amend the provisions of the LUC to
establish such procedure for disconnection. and;
WHEREAS, Article II, Section 6 of the Charter of the City authorizes the Council to adopt
emergency ordinances, which shall be finally passed on first reading by the affirmative vote of at
least five members of the Council and which shall contain a specific statement of the nature of the
emergency.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Division 2.12 of the City's Land Use is hereby amended by changing the
title thereof to read "Annexation and Disconnection of Land" and by adding a new Section 2.12.6
to read in its entirety as follows:
Division 2.12 Annexation and Disconnection of Land
2.12.6 Application - enactment- filing.
When the owner of a tract of land within and adjacent to the boundary of the City
desires to have said tract disconnected from the City, such owner may apply to the
City Council for the enactment of an ordinance disconnecting such tract of land from
the City. On receipt of such application, it is the duty of the City Council to give due
consideration to such application, and, if the City Council is of the opinion that the
best interests of the City will not be prejudiced by the disconnection of such tract, it
shall enact an ordinance effecting such disconnection. If such an ordinance is
enacted, it shall be immediately effective upon filing with the County Clerk and
Recorder to accomplish the disconnection,and two certified copies thereof shall also
be filed with the County Clerk and Recorder.The County Clerk and Recorder shall
file one certified copy with the Division of Local Government in the Department of
Local Affairs,as provided by section 24-32-109, C.R.S., and the other copy shall be
filed with the Department of Revenue, as provided by section 31-12-113(2)(a.5),
C.R.S.
Section 3. That the City Clerk is hereby directed to cause the publication of this
Ordinance in the Fort Collins Coloradoan no later than October 21, 2008.
Introduced, considered favorably by five (5) members of the Council of the City of Fort
Collins and finally passed as an emergency ordinance and ordered published this 14th day of
October, A.D. 2008.
Mayor
ATTEST: //,O Ca
City Clerk ( C14,4