HomeMy WebLinkAbout149 - 12/18/2012 - AMENDING DIVISION 2 OF THE LAND USE CODE TO ALLOW FOR THE PROCESSING OF APPLICATIONS FOR THE DEVELOP ORDINANCE NO. 149, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING DIVISION 2 OF THE LAND USE CODE
TO ALLOW FOR THE PROCESSING OF APPLICATIONS FOR THE
DEVELOPMENT OF PROPERTY NOT YET UNDER THE FULL OWNERSHIP
AND CONTROL OF THE APPLICANT OR DEVELOPER
WHEREAS, Division 2.2 of the City's Land Use Code (LUC) establishes certain
development review procedures for the processing of applications for land development that are
submitted to the City; and
WHEREAS, among those procedures are the submittal requirements contained in Sections
2.2.3 and 2.2.4; and
WHEREAS, LUC Section 2.2.3(C)(1) states that a master list of development application
submittal requirements is to be established by the City Manager and that such master list is to
include,at a minimum,documentation showing that the applicant"has the requisite power,authority,
clear title, good standing,qualifications and ability to submit and carry out the development and/or
activities requested in the development application"; and
WHEREAS, under LUC Section 2.2.4, an application cannot be processed or presented to
a decision maker until the Director of the Planning, Development and Transportation Service Unit
(the "Director") determines that it is complete and ready for review; and
WHEREAS, these provisions are intended to alleviate the need for the City to expend City
resources on development proposals that may never come to fruition; and
WHEREAS, in certain instances, the foregoing requirements can cause unnecessary, costly
delays; and
WHEREAS, City staff is recommending that LUC Section 2.2.4 be amended to allow for
more flexibility in the development review process and afford the Director more discretion in
determining whether the review of a particular development proposal can and should move ahead
in advance of the foregoing submittal requirements being met; and
WHEREAS,the City Council believes that the amendments recommended by staff are in the
best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Section 2.2.4 of the Land Use Code is hereby amended so as to read in its entirety
as follows:
2.2.4 Step 4: Review of Applications.
(A) Determination of Sufficiency. After receipt of the development application,
the Director shall determine whether the application is complete and ready for
review. The determination of sufficiency shall not be based upon the perceived
merits of the development proposal.
(B) Processing of Incomplete Applications. Except as provided below, if a
submittal is found to be insufficient, all review of the submittal will be held in
abeyance until the Director receives the necessary material to determine that the
submittal is sufficient. The development application shall not be reviewed on its
merits by the decision maker until it is determined sufficient by the Director.
Notwithstanding the foregoing, if an application has been determined to be
incomplete because the information provided to the Director shows that a portion of
the property to be developed under the application is not yet under the ownership and
control of the applicant or developer, the Director may nonetheless authorize the
review of such application, and the presentation of the same to the decision maker,
as long as:
(1) the applicant,at the time of application,has ownership of,or the legal
right to use and control, the majority of the property to be developed
under the application;
(2) the Director determines that it would not be detrimental to the public
interest to accept the application for review and consideration by the
decision maker; and
(3) the applicant and developer enter into an agreement satisfactory in
form and substance to the City Manager, upon consultation with the
City Attorney, which provides that:
(a) until such time as the applicant has acquired full ownership
and control of all property to be developed under the
application, neither the applicant nor the developer will
record, or cause to be recorded, in the Office of the Latimer
County Clerk and Recorder any document related to the
City's review and approval of the application; and
(b) the applicant will indemnify and hold harmless the City and
its officers, agents and assigns, from any and all claims that
may be asserted against them by any third party, claiming
injury or loss of any kind whatsoever that are in any way
related to, or arise from, the City's processing of the
application.
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The denial of an incomplete application that has been allowed to proceed to the
decision maker under the provisions of this Section shall not cause a post denial
re-submittal delay under the provisions of Section 2.2.11(D)(9) for property that
was not owned by the applicant or within the applicant's legal right to use and
control at the time of denial of the application.
Introduced, considered favorably on first reading, and ordered published this 4th day of
December, A.D. 2012, and to be presented for final.passage on the 18th day of December, A.D.
2012.
FORTCOOF•.... .
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Passed and adopted on final reading on the 18th day of December, A.D. 2012.
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