The URL can be used to link to this page

Home My WebLink AboutHARMONY NEIGHBORHOOD CENTRE P.U.D. - PRELIMINARY - 33-94 - LEGAL DOCS - CITY HALLPassed and adopted on final reading this 1st day of November. A.D. 1994. ayor ATTEST: City Clerk ORDINANCE NO , 1994 AMENDING ORDINANCE 7U. 103, 1994, PERTAINING TO THE TEMPORARY SUSPENSION OF "�• `•� APPLICATIONS FOR RETAIL AND COMMERCIAL PLANNED UNIT DEVELOPMENTS AND SITE PLAN REVIEWS WITHIN THE HARMONY CORRIDOR WHEREAS, on July 5, 1994, the City Council adopted on second reading Ordinance No. 103, 1994 ("the Ordinance"), which established a six-month suspension of the processing of applications for retail and commercial planned unit developments and site plan reviews within the Harmony Corridor, except for those applications that had received preliminary or final approval by the City on or before the effective date of the Ordinance: and WHEREAS, on August 11, 1994, the Colorado Court of Appeals decided the case of Marshall v. Aspen, which held that building permit applications must be processed under the criteria existing at the time of the filing of the application, unless an ordinance establishing different criteria was "pending" at the time of the filing of the application: and WHEREAS, although the foregoing decision of the Colorado Court of Appeals may or may not be applicable to the Ordinance and the circumstances under which it was adopted, the City Council believes it to be in the best interests of the City to apply the rationale of said decision to the Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 4 of Ordinance No. 103, 1994, is hereby amended to read as follows: Section 2. That, except as amended in Section 1 above, the provisions of Ordinance 103, 1994 shall remain in full force and effect. Introduced, considered favorably this 18th day of October, A.D. 1994, and 1st day of November, A.D. 1994. ATTEST: City Clerk on first reading, and ordered published to be presented for final passage on the Mayor October 18, 1994 No. 103, 1994. Under the settlement, the King Soopers application (as well as another project known as Timberline PUD Corner Stores) would be exempted from the Ordinance, and those applications would be processed according to the existing LOGS criteria. In the event that either of these current applications were denied by the City, any new applications for these or other sites in the Harmony Corridor would be governed by the LOGS criteria in place at the time that any such applications are filed with the City. ��'�E fi 1�1 /'� SUMMARY AGENDA ITEn, NUMBER: DATE: October 18. 1994 COLLINS CITY COUNCIL ,FORT STAFF: Steve Roy SUBJECT: Ordinance No. 1994 Amending Ordinance No. 103, 1994. Pertaining to the Temporary Suspension of Applications for Retail and Commercial Planned Unit Developments and Site Plan Reviews Within the Harmony Corridor. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT: On July 5, 1994, the Council adopted Ordinance No. 103. 1994 which established a six-month moratorium on the processing of applications for retail and commercial planned unit developments and site plan reviews within the Harmony Corridor. The proposed ordinance would amend Ordinance No. 103, 1994 so as to exempt from its application not only those planned unit developments and site plan reviews that had received preliminary or final approval before the effective date of the Ordinance, but also all applications for such uses which were filed before that date (even though they have not yet been reviewed or approved by the City's Planning and Zoning Board). EXECUTIVE SUMMARY: The adoption of Ordinance No. 103, 1994 temporarily suspended the processing of applications for retail and commercial PUD's and site plan reviews within the Harmony Corridor. Exempted from the application of the Ordinance were those PUD's or site plan reviews that had received preliminary or final approval before the effective date of the Ordinance. The Ordinance did not exempt, however, applications that had been filed for PUD review under the LDGS before that date if those applications had not yet received preliminary or final approval by the City. On July 13, 1994. James M. Sullivan filed a lawsuit against the City in the United States District Court contesting the City's position that the moratorium applied to the pending PUD development proposal that Mr. Sullivan had submitted for a particular site in the Harmony Corridor and which was proposed for the possible development of a King Soopers shopping center. That lawsuit was subsequently dismissed without prejudice and refiled in State District Court, where the action is still pending. On August 11 of this year, the Colorado Court of Appeals rendered a decision in the case of Marshall v. Aspen, in which it determined that building permit applications must generally be processed according to the regulations in existence at the time of the filing of the application. Because of this decision, a tentative settlement of Mr. Sullivan's lawsuit against the City.has Dennis B. Polk, Esq. October 7, 1994 Page 2 amending ordinance had become effective, the City would propose that the pending court action be dismissed with prejudice. In order to afford adequate time for the amending ordinance to be considered by the Council, the hearing on your client's Motion for Temporary Injunction would be continued until the earliest available date after November 11, 1994. Obviously, time is of the essence if we are to resolve this matter by agreement. As you know, the Motion for Temporary Injunction is scheduled for hearing next Thursday, October 13, 1994. If it becomes necessary for the City to proceed, with the hearing on that motion, then this offer of settlement will be withdrawn. Please understand that the intent of this offer is to enable the City to begin to immediately process your client's proposal. In doing so, however, we have to be cognizant of the fact that such processing needs to be ratified by the City Council through the amendment of the Ordinance. Your immediate response to this offer would be greatly appreciated. Very truly yours, /*`X Stephen J. Roy City Attorney SJR: ted Enclosures cc: City Council Steve Burkett, City Manager Greg Byrne, Director of CPES Bob Blanchard, Chief Planner Ted Shepard, City Planner Josh Marks, Esq. A Attc. City of Fort Collins October 7, 1994 Dennis B. Polk, Esq. Suite 100, Building 19 Denver West Office Park 1667 Cole Blvd. Golden, Colorado 80401 Re: Sullivan v. City Civil Action No. 94 CV 535-3 Dear Mr. Polk: TELEFAXED The purpose of this letter is to extend an offer of settlement in the above -entitled case. City staff is willing to recommend that the City Council amend Ordinance No. 103, 1994 (the "Ordinance"), which imposed the Harmony Corridor moratorium. The amendment would revise the Ordinance so that the moratorium would not apply to applications for proposed planned unit developments that were filed with the City on or before July 5, 1994. City records indicate that Mr. Sullivan's application for approval of the King Soopers proposal was filed with the City on June 6, 1994. Therefore, if the amending ordinance were adopted, your client's application would be exempted from the moratorium, and processing of the application under the existing LDGS criteria would begin upon execution of the settlement agreement. If we are able to immediately agree upon a settlement of this matter, we would begin processing the application the early part of next week. I have been advised that the preliminary PUD could likely be submitted to the City's Planning and Zoning Board at its regular meeting on December 12, 1994. Sufficient time would have to be allowed, however, for an additional neighborhood meeting, as well as staff review and the submittal of any additional information required by staff. Therefore, it is impossible at this time to guarantee the particular date that the matter would be reviewed by the Board. Because the immediate processing of the application would be contrary to the provisions of the Ordinance as presently worded, the continued processing of the application would be contingent upon City Council's adoption of the amending ordinance. Copies of the proposed amending ordinance and agenda item summary are enclosed. We have tentatively scheduled that ordinance for Council's consideration at its next regular meeting on October 18, 1994, with second reading on November 1, 1994. According to the City Charter, the amending ordinance would become effective ten days after second reading, absent the filing of any notice of protest under the Charter's referendum -procedures. As a condition of this settlement, once the 300 LaPorte Avenue • P. O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6520