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Home My WebLink AboutMULBERRY AND LEMAY CROSSING - PRELIMINARY - PUD - 36-96B - SUBMITTAL DOCUMENTS - ROUND 1 - Citizen Communication (113) City A(.,rney City of Fort Collins October 13, 1998 Chris Ricord, Vice President CITIZEN PLANNERS 5108 East Mulberry Fort Collins, CO 80524 RE: Mulberry and Lemay Crossings Preliminary Planned Unit Development Dear Mr. Ricord: This is in response to your letter of October 9, 1998, in which you requested that I make certain determinations with regard to the Mulberry and Lemay Crossings Preliminary Planned Unit Development(the"Project"). Please be advised that the City Attorney's office is not authorized to make such determinations. As to the merits of the Project,only the Planning and Zoning Board(or the City Council,on appeal)can approve or deny the Project application. As to the other issues raised in your letter(i.e., those dealing with City staff's decisions regarding the interpretation and implementation of Ordinance 161, 1996),the Land Use Code does provide an administrative process for reviewing such decisions. (See Division 2.10 of the Land Use Code, a copy of which is attached). However, appeals taken from such administrative decisions(including interpretations of land use regulations which preceded the Land Use Code) are subject to two important limitations. (See Section 2.10.2[H].) First,such appeals may be filed only by persons who possess a legal or equitable interest in the specific real property which is the subject of the decision, or who own or reside on real property within 500 feet of the Property which is the subject of the decision. Secondly, any appeal taken pursuant to this provision of the Land Use Code must be taken not later than fourteen(14)days from the date that the administrative decision was made. Because of this latter provision, it is my opinion that there does not presently exist an administrative process for reviewing the procedural concerns referenced in your letter. Please bear in mind that it is the responsibility of the City Attorney's office to advise the officers and employees of the City with regard to the issues raised in your letter, and to respond to your letter on behalf of the City organization. Because your individual legal interests may be divergent from those of the City officials or employees whose decisions you question,I recommend 300 LaPorte Avenue 0 P.O. Box 580 • Fort Collins,CO 80522-0580 • (970)221-6520 • FAX(970)221-6327 r Chris Ricord, Vice President Citizen Planners October 13, 1998 Page 2 that you consult with your own legal counsel regarding this matter, so that he or she may independently review the facts and the relevant provisions of law relating to your concerns and advise you accordingly. Very truly yours, �3z"' - 1ARoy 7 City Attorney SJR:med Enclosure PC: John F. Fischbach, City Manager Greg Byrne, Director of CPES Bob Blanchard,Director of Current Planning Ted Shepard, City Planner Division 1.10 Appeal from Aministialive Decisions Section 2.10.1 DIVISION 2.10 APPEAL FROM ADMINISTRATIVE DECISIONS 1 Sections: 2.10.1 Purpose and Applicability 2.10.2 Administrative Appeal Review Procedures 2.10.1 Purpose and Applicability (A) Purpose. The purpose of this division is to provide for appeals of certain administrative/city staff decisions to the Zoning Board of Appeals. (B) Applicability. This division shall apply to appeals from an administrative decision regarding the interpretation and/or application of the land use regulations which preceded this Land Use Code, and to appeals from the following administrative decisions made under this Land Use Code, provided such administrative decision is not for approval, approval with conditions,or denial either of a project development plan or a final plan pursuant to Divisions 2.4 or 2.5 or of an administrative amendment/abandonment of any such plan or of any plan approved under prior law,processed pursuant to Section 2.2.10 (Step 10): (1) Addition of a Permitted Use by Director under Section 1.3.4; (2) Issuance of a written administrative interpretation under Section 1.4.3; (3) Establishment of the Development Application Submittal Requirements under Section 2.2.3(C); (4) Waiver of Development Application Submittal Requirements under Section 2.2.3(C); (5) Waiver of a neighborhood meeting by the Director under Section 2.2.2; (6) Establishment of Development Review Fees by the City Manager under Section 2.2.3(E), adopted administratively and not by Council resolution; Article 2, Page 54 Stipp, 2 Division 2./0 Appeal from Administrative Decisions Section 2.10.1(B) (7) The issuance of a building permit under Section 2.6.3. Appeals from administrative decisions on a project development plan or a final plan shall be governed by Division 2.4 or 2.5, respectively. Appeals from an administrative decision on an amendment/abandonment of an approved development plan or site specific development plan shall be governed by Section 2.2.10 (Step 10). Any action taken in reliance upon an appealed administrative decision during the pendency of the appeal shall be totally at the risk of the person(s) taking such action and the city shall not be liable for any damages arising from any such action. (Ord. No. 90, 1998, 5/19/98) 2.10.2 Administrative Appeal Review Procedures An appeal from an administrative decision shall be processed according to, in compliance with and subject to the provisions contained in Division 2.1 and Steps 1 through 12 of the Common Development Review Procedures(Sections 2.2.1 through 2.2.12, inclusive)as follows: (A) Step I (Conceptual Review): Not applicable. (B) Step 2(Neighborhood Meeting): Not applicable. (C) Step 3(Development Application Submittal): Not applicable. (D) Step 4(Determination of Sufficiency): Applicable. (E) Step S(Staff Report): Not applicable. (F) Step 6 (Notice): Only Section 2.2.6(A) applies, except that "15 days" shall be changed to "7 days," everywhere it occurs in Section 2.2.6. Section 2.2.6(B)-(D) shall not apply. (G) Step 7(A) (Decision Maker): Not applicable, and in substitution for Section 2.2.7(A), the Zoning Board of Appeals,pursuant to Chapter 2 of the City Code, shall review, consider and uphold,modify or overturn the administrative decision which is the subject of the appeal based on its compliance with all of the standards contained in Step 8 of this Section. Article 2, Page 55 Stipp. 2 Division 2.10 Appeal firm Administrative Decisions Section 1.10.2(G) Step 7(B)-(G) (Conduct of Public Hearing, Order of Proceedings at 1 Public Hearing,Decision and Findings,Notification to Applicant,Record of Proceedings, Recording of Decisions and Plats): Applicable. (H) Step 8 (Standards): Applicable, and an appeal from an administrative decision shall be determined based upon the same standards which applied to the underlying administrative decision. Any appeal that is taken pursuant to this Division must be taken not later than fourteen(14) days from the date that the administrative decision was made;and,except for administrative decisions which are not focused upon a specific parcel of real property(are general in nature),may be filed only by persons who possess a legal or equitable interest in the specific real property which is the subject of the decision,or who own or reside within real property any part of which is located within five hundred(500)feet of the specific real property which is the subject of the decision. (I) Step 9(Conditions of Approval): Applicable. (J) Step 10(Amendments): Not applicable. (K) Step 11 (Lapse): Not applicable. (L) Step 12(Appeals): Applicable. (Ord. No. 90, 1998, 5/19/98) Article 2, Page 56 Stipp.2