HomeMy WebLinkAbout026 - 02/16/1999 - APPROVING THE MULBERRY-LEMAY CROSSING PRELIMINARY PUD, OVERTURNING AND REVERSING PREVIOUS DECISIONS ORDINANCE NO. 26, 1999
OF THE CITY OF FORT COLLINS
APPROVING THE MULBERRY-LEMAY CROSSING
PRELIMINARY PUD (PROJECT#36-96B),
OVERTURNING AND REVERSING PREVIOUS DECISIONS
DENYING THE PROJECT AND MAKING CERTAIN FINDINGS
IN CONNECTION WITH SUCH PROJECT
WHEREAS, the Mulberry-Lemay Crossing Preliminary PUD, # 6-96B, a community
regional shopping center in north Fort Collins, which includes a prop ed Wal-Mart store (the
"Project"),was presented on November 5, 1998 to the Planning and Z ing Board of the City(the
"Board")with a recommendation of conditional approval from all rev' ing departments of the City;
and
WHEREAS, on November 5, 1998, the Board, on a 4 vote, denied the Project; and
WHEREAS, on November 13, 1998, a Notice Appeal (the "Appeal") of the Board's
decision was filed with the City Clerk on the grounds t t the Board failed to properly interpret and
apply relevant provisions of the City's Code and C rter; and
WHEREAS, on December 15, 1998, th ity Council heard the Appeal and, on a 4-3 vote,
upheld the Board's denial of the Project; and
WHEREAS,on January 5, 1999, e City Council adopted Resolution 99-6 in support of its
decision on the Appeal; and
WHEREAS, a petition to nitiative signed by registered electors of the City has been filed
with the City which requires, der Article X, Section I(e) of the Charter, that the City Council
either adopt this Ordinance r submit it to the registered electors of the City at the next regular
election.
NOW, THER ORE, BE IT ORDAINED BY CHE COUNCIL OF THE CITY OF FORT
COLLINS as follo .
Sectio That the Project, as presented to the Board on November 5, 1998, is hereby
approved wi the six conditions recommended by City staff as set forth in the November 5, 1998
Staff Rep for the Project.
Section 2. That the Project is approved on the basis that it complies with all relevant
pro isions of the Code and Charter of the City.
Section 3. That the November 5, 1998 decision of the Board to deny the Project is
overturned on the grounds that the Board failed to properly interpret and apply relevant provisions
of the Code and Charter of the City in denying the Project.
Section 4. That the grounds for the Appeal,as stated in the Notice of Appeal, conformed
to the requirements of Section 2-48 of the City Code
Section 5. That Resolution 99-6 of the City Council upholding the Board's denial of the
Project and making certain findings of fact related thereto is hereby reversed and superseded in its
entirety by the provisions of this Ordinance.
Introduced, considered favorably on first reading and ordered published this 16th day of
February, A.D. 1999, and to be presented for final passage on the 2nd day of March, A.D. 1999.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 2nd day of March, A.D. 1999.
Mayor
ATTEST:
City Clerk