HomeMy WebLinkAbout2000-109-08/15/2000-ESTABLISHING THE MEANING OF A VALID DEVELOPMENT APPLICATION FOR THE CITY OF FORT COLLINS UNDER PROPO RESOLUTION 2000-109
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING THE MEANING OF A "VALID DEVELOPMENT APPLICATION"
FOR THE CITY OF FORT COLLINS UNDER PROPOSED INITIATIVE#256,
"CITIZEN MANAGEMENT OF GROWTH"
WHEREAS, on July 3, 2000, the Colorado Supreme Court upheld the ballot title "The
Citizen Management of Growth" for Proposed Citizen Initiative#256 (the "Initiative"); and
WHEREAS, proponents of the Initiative are presently gathering signatures to place the
measure on the ballot for the November general election; and
WHEREAS,if approved by the voters,the Initiative would add a new article to the Colorado
Constitution that would be applicable to Colorado counties having a population of greater than
10,000 residents,as well as to all municipalities within such counties that have a population of 1,000
or more; and
WHEREAS, the Initiative would limit the circumstances under which new development
applications could be approved in such counties and cities to:(1)land within"committed areas,"that
is, land where development has already occurred or is under review pursuant to the timely filing of
a"valid development application"as defined in the Initiative; (2)land shown on "growth area maps"
prepared by the local government and approved by the voters; or (3) development not included in
a committed area or an approved growth area but permitted under one of the exceptions set forth in
the Initiative,which exceptions include development or subdivision of land consistent with a timely
filed 'valid development application;" and
WHEREAS, the Initiative defines 'valid development application" as an application that
substantively meets all of the rules for submission applicable to a proposal that has been accepted
as timely and complete by the local government regulating the use of land covered by the
application; and
WHEREAS,the City of Fort Collins'Land Use Code provides for the review of various kinds
of development applications, namely, an application for approval of an Overall Development Plan;
an application for approval of a Project Development Plan;an application for the approval of a Final
Plan;an application for approval of a Development Construction Permit;an application for approval
of a Building Permit; and/or an application for approval of any plan filed under prior law (known
as the Transitional Land Use Regulations)which remains viable under the provisions of Ordinance
161, 1996, as amended; and
WHEREAS,the City has received numerous inquiries from property owners as to which of
the foregoing applications would be considered by the City as a "valid development application"
within the meaning of the Initiative; and
WHEREAS,the City Council believes it to be in the best interests of the City to identify the
particular kind of application that will be considered by the City of Fort Collins as a "valid
development application," so as to clarify the meaning of the Initiative as applied to the City of Fort
Collins, subject to any subsequent judicial interpretation of such phrase; and
WHEREAS, the City Council further believes it to be in the best interests of the City to
liberally construe the meaning of said term so as to maximize the amount of property that may be
subject to land use regulation by the City as a committed area or future growth area.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the term "valid development application," as applied to the City of Fort
Collins, is hereby determined by the Council to mean: (a) an application for approval of an overall
development plan, (b) an application for approval of any subsequent plan under the Land Use Code
(Project Development Plan,Final Plan,Development Construction Permit,Building Permit),and/or
(c) any application for plan approval filed under prior law (known as the Transitional Land Use
Regulations) which remains viable under the provisions of Ordinance No. 161, 1996, as amended,
(and any plats required by the foregoing applications)provided,however,that all such applications
must meet all of the submittal requirements contained in the City's Land Use Code or other
applicable ordinance or regulation.
Section 2. That nothing herein shall be construed as creating any entitlement to the
approval of a particular development application, and all such applications shall be processed and
reviewed pursuant to all relevant provisions of the Land Use Code,or other applicable ordinance or
regulation, and shall be subject to approval or denial by the City without regard to the provisions of
this Resolution,which approval or denial shall be based solely upon the provisions of the Land Use
Code, or other applicable ordinance or regulation.
Section 3. That all persons filing development applications with the City are hereby
notified that the City's ability to locally establish the meaning of a"valid development application"
as referenced in the Initiative may be limited by law and may be subject to being overturned by a
court of competent jurisdiction and/or by implementing state legislation,and,for that reason,no such
applicant should make expenditures or otherwise rely upon the provisions of this Resolution to his
or her detriment, and any such applicant should consult with competent private legal counsel with
regard to his or her rights and obligations under the Initiative.
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Passed and adopted at a regular meeting of the City Council he this 15th day of August,
A.D. 2000.
l
Mayor
ATTEST:
City Clerk