HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/26/2013 - RESOLUTION 2013-026 MAKING FINDINGS OF FACT AND CODATE: March 26, 2013
STAFF: Peter Barnes
Courtney Levingston
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 12
SUBJECT
Resolution 2013-028 Making Findings of Fact and Conclusions Regarding the Appeal of the of the Decision of the
Planning and Zoning Board to Approve Sign Modifications for the Foothills Mall Redevelopment Project Development
Plan.
EXECUTIVE SUMMARY
On February 7, 2013, the Planning and Zoning Board approved three modification of standards requests pertaining
to two electronic message center ground signs proposed to be located along the South College Avenue frontage of
the Foothills Mall Redevelopment project. On February 21, 2013, Mayor Pro Tem Kelly Ohlson filed a Notice of Appeal
with the City Clerk, appealing the Planning and Zoning Board’s approval of the three modifications.
On March 19, 2013, City Council took the following actions:
1. Mayor Pro Tem Ohlson, the Appellant, withdrew his appeal of the Planning and Zoning Board’s decision to
grant a modification to allow two electronic message center signs to exceed fifty percent (50%) of the total
area of the sign face (Section 3.8.7(M)(4)(d) of the Land Use Code).
2. By a vote of 5 - 0, the City Council upheld the Planning and Zoning Board’s decision to grant a modification
to allow two electronic message center signs along the South College Avenue frontage of the development
(Section 3.8.7(M)(4)(h) of the Land Use Code).
3. With regard to the Planning and Zoning Board’s decision to grant a modification to allow two electronic
message center signs to display messages in full color, the City Council, by a vote of 3 – 2 (Nays: Troxell,
Kottwitz), determined that the Planning and Zoning Board failed to properly interpret and apply the relevant
provisions of the Land Use Code, the unique hardship standard in particular, and that the Board erred in its
determination that the granting of the modification would not be detrimental to the public good. This vote
resulted in the City Council overturning the decision of the Planning and Zoning Board to allow full color
message displays.
4. The City Council modified the approval by the Planning and Zoning Board of the Foothills Mall Redevelopment
Project Development Plan by adding a new condition to that approval which requires that electronic message
center signs must comply with the manner of display required by Section 3.8.7(M)4)(c).
In order to finalize this appeal process, Council is required to adopt a Resolution making findings of fact and finalizing
its decision on the Appeal.
BACKGROUND / DISCUSSION
Mayor Pro Tem Ohlson’s Notice of Appeal did not contain any specific grounds for the appeal but did include a general
description of the issues to be considered on appeal. The issues centered on the Planning and Zoning Board’s
approval of modification requests to:
1. Section 3.8.4(M)(4)(c) - Allow two electronic message center signs (a.k.a. digital signs) to display messages
in full color rather than in one color;
2. Section 3.8.4(M)(4)(d) - Allow the size of two electronic message center signs to exceed fifty (50%) of the total
area of the sign face. Specifically, allow the size of each of the two signs to be sixty-four percent (64%) of the
total area of the sign.
3. Section 3.8.4(M)(4)(h) - Allow more than one electronic message center signs along the South College
Avenue frontage of the development. Specifically, allow two such signs along the frontage, with the signs
separated by a distance of 1164 feet.
March 26, 2013 -2- ITEM 12
At the March 19, 2013 hearing on the matter, Council considered the testimony of City staff, the applicant, the
appellant, and other parties in interest. After consideration of the record and discussion, City Council took the actions
described above in the Executive Summary.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
RESOLUTION 2013-028
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE APPEAL OF THE OF THE DECISION OF THE PLANNING AND ZONING BOARD
TO APPROVE SIGN MODIFICATIONS FOR THE FOOTHILLS MALL REDEVELOPMENT
PROJECT DEVELOPMENT PLAN
WHEREAS, on February 7, 2013, the Planning and Zoning Board (the “Board”) approved
sign modifications the Foothills Mall Redevelopment Project Development Plan; and
WHEREAS, on February 21, 2013, a Notice of Appeal of the Board’s decision regarding
three of the sign modifications approved by the Board was filed with the City Clerk by Mayor Pro
Tem Kelly Ohlson, as a party-in-interest under Section 2-46 of the City Code (the “Appellant”); and
WHEREAS, on March 19, 2013, the City Council, after notice given in accordance with
Chapter 2, Article II, Division 3, of the City Code, considered said appeal, reviewed the record on
appeal, AND heard presentations from the Appellant and other parties in interest; and
WHEREAS, the Appellant withdrew the appeal of one of the modifications during the
hearing; and
WHEREAS, after discussion, the City Council upheld one decision and overturned one
decision of the Board and modified the Board’s approval of the Foothills Mall Project Development
Plan accordingly; and
WHEREAS, City Code Section 2-56(e) provides that no later than the date of its next regular
meeting after the hearing of an appeal, City Council shall adopt, by resolution, findings of fact in
support of its decision on the appeal.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that, pursuant to City Code Section 2-56(e), the Council hereby makes the following
findings of fact and conclusions:
1. The Appellant’s Notice of Appeal conforms to the requirements of Section 2-48
of the City Code.
2. The Appellant withdrew his appeal of the modification granted by the Board
pertaining to Section 3.8.4(M)(4)(d) which modification allowed the size of two
electronic message center signs to exceed fifty percent (50%) of the total area
of the sign face by specifically allowing the size of each of the two signs to be
sixty-four percent (64%) of the total area of the respective sign face.
3. The Board did not fail to properly interpret and apply the Land Use Code in
granting the modification of standards regarding Section 3.8.4(M)(4)(h) which
allowed more than one electronic message center sign along the South College
Avenue frontage of the Foothills Mall Redevelopment Project, and more
specifically allowed two such signs along said frontage with the signs separated
by a distance of 1,164 feet, and, accordingly, the decision of the Board with
regard to that modification is upheld.
4. The Board failed to properly interpret and apply the Land Use Code with regard
to its granting of a modification of standards regarding Section 3.8.4(M)(c)
when it allowed two electronic message center signs along College Avenue to
display messages in full color rather than in one color as is required by the Code.
The Council determines that the granting of this modification was detrimental
to the public good and was not supported by a legitimate hardship under Section
2.8.2(H)(3) of the Land Use Code and, accordingly, the Board’s approval of said
modification is overturned.
5. Since the City Council has overturned the decision of the Planning and Zoning
Board to grant the modification of standards pertaining to Section 3.8.7(M)(4)(c)
of the Land Use Code, the City Council hereby modifies the approval by the
Planning and Zoning Board of the Foothills Mall Redevelopment Project
Development Plan by adding a new condition to that approval which requires
that electronic message center signs must comply with the manner of display
required by Section 3.8.7(M)(4)(c) of the Land Use Code.
Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins this
26th day of March A.D. 2013.
Mayor Pro Tem
ATTEST:
City Clerk
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