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HomeMy WebLinkAbout1990-091-06/12/1990-CIMARRON PLAZA PUD DENIAL ADMINISTRATIVE CHANGE DONALD SLACK GIANT VIDEO STORE RESOLUTION 90-91 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT REGARDING THE APPEAL OF THE PLANNING AND ZONING BOARD'S RECOMMENDATION TO THE PLANNING DIRECTOR OF DENIAL OF THE ADMINISTRATIVE CHANGE FOR THE GIANT VIDEO STORE AT CIMARRON PLAZA P.U.D. , AND RECOMMENDING TO THE PLANNING DIRECTOR THAT THE ADMINISTRATIVE CHANGE BE DENIED WHEREAS, on May 7, 1990, the Planning and Zoning Board, after notice and hearing, recommended to the Planning Director that the administrative change request for Giant Video at Cimarron Plaza be denied; and WHEREAS, on May 15, Mr. Donald Slack, Slack-Ellerman Architects, filed a Notice of Appeal , appealing the aforesaid decision of the Planning and Zoning Board; and WHEREAS, on June 5, 1990, the City Council , after hearing and notice, in accordance with Chapter 2, Article II, Division 3 of the City Code, considered said appeal as filed by Mr. Donald Slack, Slack-Ellerman Architects; and WHEREAS, upon hearing and full consideration of the evidence as presented to the Planning and Zoning Board, and after hearing argument thereon, the Council made the following findings of fact: 1 . The grounds for appeal as stated in the notice of appeal of Mr. Donald Slack, Slack-Ellerman Architects, conform to the requirements of Section 2-48 of the City Code. 2. The decision of the Planning and Zoning Board and the decision of the City Council pursuant to this Resolution constitute recommendations to the Planning Director only. 3. The Planning and Zoning Board: a. Did not abuse its discretion, and its decision was not arbitrary and was supported by competent evidence in the record; b. Did not fail to interpret and apply relevant provisions of the Code and Charter (including the Land Development Guidance System) . 4. The change as proposed does not comply with the Site Design Criteria Nos. 27 and 36 of the All Development Criteria of the Land Development Guidance System and the drive-up facility as proposed is in an unreasonably close proximity to Shields Street from the standpoint of proper site design. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the decision of the Planning and Zoning Board of May 7, 1990, recommending to the Planning Director denial of the administrative change request for Giant Video at Cimarron Plaza P.U.D. , is upheld and the Council of the City of Fort Collins recommends to the Planning Director denial of the administrative change for Giant Video at Cimarron Plaza P.U.D. Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins held this 12th day of June, A.D. 1990. Mayor ATTEST: City Clerk