HomeMy WebLinkAbout2022-025-01/24/2022-MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE APPEAL OF THE PLANNING AND ZONING COMMI RESOLUTION 2022-025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE
APPEAL OF THE PLANNING AND ZONING COMMISSION DECISION DENYING THE
SAM'S CLUB FUEL STATION MJA#200002 ADDITION OF A PERMITTED USE AND
MAJOR AMENDMENT
WIIEREAS, on May 20, 2021, the Planning and Zoning Commission ("Commission")
conducted a public hearing at which the Commission denied Sam's Real Estate/Sam's East,LLC's
("Sam's Club")application for Addition of a Permitted Use ("APU")and a Major Amendment of
the Harmony Market 1st Filing PUD ("Major Amendment") to allow development of a Sam's
Club Fuel Station in the parking lot of the existing Sam's Club retail membership warehouse
located in the Harmony Market shopping center at the southeast corner of Harmony Road and
Boardwalk Drive; and
WHEREAS, more specifically, in denying the APU the Commission found that the
proposed project did not meet all of the Fort Collins' Land Use Code ("LUC") criteria for an
addition of a permitted use set out in Section 1.3.4(C)(1) and (C)(2); and
WHEREAS,further,in denying the Major Amendment,the Commission based its decision
upon the denial of the APU and did not analyze the other compliance of the Major Amendment
with the other requirements of Articles 2 & 3 of the LUC; and
WHEREAS, on June 3, 2021, Sam's Club, through its legal counsel, filed a Notice of
Appeal on June 3, 2021, alleging the Commission failed to: (1)conduct a fair hearing, specifically
by exceeding its authority, abusing its discretion, and relying on relevant evidence that was
substantially false or grossly misleading; and(2) properly interpret or apply the applicable criteria
of LUC Section 1.4.3(C)(1) and (C)(2); and (3) properly interpret or apply the LUC standards
applicable to the Major Amendment.; and
WHEREAS, pursuant to City Code Section 2-49, the Notice of Appeal was timely filed,
and Sam's Club(or"Appellant") is a party-in-interest eligible to file an appeal; and
Ohl iEREAS, the fair hearing allegation and the allegation that the Commission failed to
properly interpret and apply the relevant LUC set forth in the Notice of Appeal conform to the
requirements of Section 2-48 of the City Code; and
WHEREAS, on August 4, 2021, the City Council adopted a motion on the request of the
Appellant(and applicant)to continue the originally scheduled appeal hearing to October 19,2021,
and on October 19, 2021, Council again considered a request for delay by the Appellant and voted
to continue the appeal hearing to January 18, 2022; and
WHEREAS, on January 18, 2022, the City Council, after notice given in accordance with
City Code Section 2-52, held a public hearing pursuant to City Code Section 2-54 to consider the
allegations raised in the Notice of Appeal at which hearing the City Council considered such
allegations,the record on appeal and the testimony,evidence and argument presented at the hearing
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by City staff, the Appellant's representatives, and representatives of two parties-in-interest
opposing the Appeal; and
WHEREAS, City Code Section 2-56(c) 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 such appeal.
NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that, pursuant to Section 2-56(c) of the City Code, the City Council hereby makes and
adopts the following findings of fact and conclusions:
1. That the City Council hereby makes and adopts the determinations and findings contained
in the recitals set forth above.
2. That based on the evidence in the record and presented at the January 18, 2022, Council
hearing,Council finds that the Commission conducted a fair hearing in its consideration of
the APU and Major Amendment for Sam's Club Fuel Station (MJA200002) and that the
Commission did not substantially exceed its authority or jurisdiction or abuse its discretion,
and did not consider evidence relevant to its decision that was substantially false or grossly
misleading.
3. That based on the evidence in the record and presented at the January 18, 2022, City
Council hearing, City Council finds that:
a. The Commission properly interpreted and applied LUC Section 1.3.4(C)(1) in its
consideration of the APU for Sam's Club Fuel Station (MJA200002) and properly
found that the following criteria set forth therein were not met because the Sam's
Club fuel station:
i. Does not meet LUC Section 1.3.4(C)(1)(b), because the proposed gas station
use does not conform to the basic characteristics of the Harmony Corridor zone
district and other permitted uses in the Hannony Corridor zone district since
gas station uses were purposefully excluded from regional shopping centers,
like the Harmony Market shopping center in which Sam's Club is located and
the other gas station uses in the vicinity predated the Harmony Corridor Plan;
and
ii. Does not meet LUC Section 1.3.4(C)(1)(c), because the proposed gas station
use is not designed and sized to be compatible with nearby properties and is
located and sized in a manner, including lighting, which will have more than a
minimal negative impact on the use of nearby properties; and
iii. Does not meet LUC Section 1.3.4(C)(1)(d), because the proposed gas station
use creates more environmental impacts, noise, vibration, dust, heat, smoke,
odor and traffic due to increased use expected to result from the presence of the
gas station and related activities such as gas tanker truck traffic; and
b. The Commission properly interpreted and applied the LUC in its consideration of the
Major Amendment for Sam's Club Fuel Station (MJA200002) and properly found
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that the criteria for a Major Amendment were not met in light of the denial of the
APU.
4. That based on the evidence in the record and presented at the January 18, 2022, hearing,
the Appeal is without merit and is denied in its entirety.
5. That adoption of this Resolution shall constitute the final action of the City Council in
accordance with City Code Section 2-56(c).
Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins this
24th day of January A.D. 2022.
SEAL i� Mayor
ATTEST: ci•ecs
City Clerk