HomeMy WebLinkAbout2013-028-03/26/2013-MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF THE DECISION OF THE PLANNING AND ZON RESOLUTION 2013-028
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE APPEAL 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 for 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
Tern 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 ro T m
ATTEST: OF FORTCO
SEAL,
City Clerk
77 ORP,
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