HomeMy WebLinkAbout1999-005-01/05/1999-MAKING FINDINGS OF FACT REGARDING A SPECIAL REVIEW HEARING TO DETERMINE WHETHER THE MULBERRY-LEMAY C RESOLUTION 99-5
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT REGARDING
CONDUCTING A SPECIAL REVIEW HEARING
TO DETERMINE WHETHER THE MULBERRY-LEMAY
CROSSING PRELIMINARY P.U.D. APPLICATION WAS
PROPERLY PROCESSED UNDER THE LAND DEVELOPMENT
GUIDANCE SYSTEM, PURSUANT TO THE PROVISIONS
OF ORDINANCE NO. 161, 1996
WHEREAS,on March 27, 1997,the Developer filed an application seeking approval of the
Mulberry-Lemay Crossing Preliminary P.U.D.; and
WHEREAS,the Preliminary P.U.D.application filed by the Developer was processed under
the City's Land Development Guidance System("LDGS"),as provided in Ordinance No. 161, 1996,
rather than the recently enacted Land Use Code. This action was taken by the City's staff, in
consultation with the City Attorney; and
WHEREAS, the City's Planning and Zoning Board denied the Mulberry-Lemay Crossing
Preliminary P.U.D.; and
WHEREAS, the Developer appealed the Planning and Zoning Board's decision; and
WHEREAS, in response to such appeal, Citizen Planners requested the City Council to
conduct a Special Review Hearing to consider whether the Developer's Preliminary P.U.D.
application was properly processed under the LDGS, rather than the recently adopted Land Use
Code; and
WHEREAS, the Developer challenged the authority of the City Council to conduct such
Special Review Hearing; and
WHEREAS,the City Council conducted a hearing on December 15, 1998,to consider these
issues; and
WHEREAS, at such hearing, the City Council considered the written materials submitted,
as well as the statements and arguments presented by the parties, and made findings and decisions
based thereon.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That pursuant to the authority vested in the City Council by Article 2, Section
5 of the City Charter,including but not limited to subparagraph(e),the Council found and concluded
on December 15, 1998,that it had the authority to conduct a special review hearing for the purpose
of determining whether the Developer's application for the Mulberry-Lemay Crossing Preliminary
P.U.D. was properly processed under the LDGS, rather than the recently adopted Land Use Code.
Section 2. That Ordinance No. 161, 1996, was enacted, in part, to provide transition
between the LDGS and the Land Use Code.
Section 3. That in light of the provisions of Ordinance No. 161, 1996, and the
discussions between the Developer and City staff, in consultation with the City Attorney, the
application was properly processed under the LDGS.
Section 4. That the materials submitted by the Developer in connection with his
application for approval of the Preliminary P.U.D. were complete when submitted as required by
Ordinance No. 161, 1996. This conclusion is not altered by the fact that additional materials were
provided by the Developer at the request of City staff, as is normal in the processing of such
applications.
Section 5. That in light of the nature of the Developer's application and the applicability
of the "Big Box standards", which are very similar if' not identical whether the application is
processed under the LDGS or the Land Use Code, the outcome of the process would have been the
same.
Section 6. That at the conclusion of the Special Review Hearing, the Council voted
unanimously that the application had properly been processed under the LDGS and that the
substantive appeal of the matter should proceed. By this Resolution,the Council hereby affirms that
action.
Passed and adopted at a regular meeting of the City Council held this 5th day of January,
A.D. 1999.
ayor
ATTEST:
UL
City Clerk