HomeMy WebLinkAbout082 - 07/21/2015 - AMENDING THE LAND USE CODE WITH REGARD TO CITY DEVELOPMENT PROJECTS ORDINANCE NO. 082, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE LAND USE CODE WITH REGARD TO
CITY DEVELOPMENT PROJECTS
WHEREAS, currently the Land Use Code provides that City development projects must
go through the same process and analysis as any other project subject to the Land Use Code; and
WHEREAS, the City Council has determined that although such City projects should be
reviewed under the full terms and conditions of the Land Use Code, all such reviews should be
conducted by the Planning and Zoning Board, and there should be no right of quasi-judicial
appeal to the City Council of any final decision regarding such City projects; and
WHEREAS, the City Council has further determined that in substitution of right of quasi-
judicial appeal, the City Council in its legislative function should, by majority vote, have the
power to overturn or modify any final decision regarding such City project; and
WHEREAS, the City Council has determined that it is in the best interests of the City that
the Land Use Code be amended accordingly.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 2.2.12 of the Land Use Code is hereby amended to read as
follows:
2.2.12 Step 12: Appeals/Alternate Review
(A) Appeals. Appeals of any final decision of a decision maker under this Code shall
be only in accordance with Chapter 2, Article II, Division 3 of the City Code, unless oth-
erwise provided in Divisions 2.3 through 2.11 and 2.16 of this Code.
(B) Alternate Review. Despite the foregoing, if the City is the applicant for a
development project, there shall be no appeal of any final decision regarding such
development project to the City Council. In substitution of an appeal of a development
project for which the City is the applicant, the City Council may, by majority vote, as an
exercise of its legislative power and in its sole discretion, overturn or modify any final
decision regarding such project, by ordinance of the City Council. Any Councilmember
may request that the City Council initiate this exercise of legislative power but only if
such request is made in writing to the City Clerk within fourteen (14) days of the date of
the final decision of the Planning and Zoning Board. City Council shall conduct a
hearing prior to the adoption of the ordinance in order to hear public testimony and
receive and consider any other public input received by the City Council (whether at or
before the hearing) and shall conduct its hearing in the manner customarily employed by
the Council for the consideration of legislative matters. When evaluating City projects
1 .
under alternate review, the City Council may, in its legislative discretion, consider factors
in addition to or in substitution of the standards of this Land Use Code.
Section 2. That Article 2 of the Land Use Code is hereby amended by the addition of
a new Division 2.17 which reads in its entirety as follows:
Division 2.17 City Projects
Development projects for which the City is the applicant shall be processed in the manner
described in this Land Use Code, as applicable, but shall be subject to review by the
Planning and Zoning Board in all instances, despite the fact that certain uses would
otherwise have been subject to administrative review.
Introduced, considered favorably on first reading, and ordered published this 7th day of
July, A.D. 2015, and to be presented for final passage on the 21 st day of July, A.D. 2015.
Mayor
ATTEST: JU
PORrCity Clerk
Passed and adopted on final reading on the 21 st day of July, A.D. 2015.
ayor
ATTEST: OF FORTc
�,•�,..... '•O!
SEAL**`
City Clerk / `r� '•,
cO.ORAD0
- 2 -