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HomeMy WebLinkAbout1999-021-02/16/1999-REFERRING A CITIZEN INITIATED ORDINANCE TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY ON APRIL 6, RESOLUTION 99-21 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING A CITIZEN INITIATED ORDINANCE TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY AT THE REGULAR CITY ELECTION OF APRIL 6, 1999 WHEREAS, under Article X, Section I of the Charter of the City of Fort Collins, the registered electors of the city have the power to propose a measure to the Council,and,if the Council fails to adopt a measure so proposed,to adopt or reject such ordinance or resolution at the polls;and WHEREAS, an initiative petition proposing an ordinance approving the Mulberry-Lemay Crossing Preliminary PUD has been submitted to the City, and the City Clerk has certified said petition as sufficient for submission of the initiated ordinance to a vote of the people at a regular municipal election; and WHEREAS, the City Clerk has presented said petition to the City Council as provided in Article X, Section 5(f)(4) of the City Charter; and WHEREAS, under Article X, Section 1(e) of the City Charter, upon presentation of an initiative petition certified as to sufficiency by the City Clerk, the Council shall either adopt the citizen-initiated ordinance without alteration within thirty (30) days or refer said citizen-initiated ordinance in the form petitioned for, to the registered electors of the city at the next regular municipal election; and WHEREAS,the City Council desires to submit said citizen-initiated ordinance to a vote of the registered electors of the City at the next regular election; and WHEREAS,a regular municipal election is scheduled to be held on Tuesday,April 6, 1999. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby submitted to the registered electors of the City of Fort Collins at the Regular Municipal Election to be held on Tuesday, April 6, 1999, the following proposed citizen-initiated ordinance: ORDINANCE NO. , 1999 OF THE CITY OF FOR 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, #36-96B, a community regional shopping center in north Fort Collins, which includes a proposed Wal-Mart store (the "Project"), was presented on November 5, 1998 to the Planning and Zoning Board of the City(the "Board")with a recommendation of conditional approved from all reviewing departments of the City; and WHEREAS, on November 5, 1998,the Board, on a 4-3 vote, denied the Project; and WHEREAS, on November 13, 1999, a Notice of Appeal (the "Appeal") of the Board's decision was filed with the City Clerk on the grounds that the Board failed to properly interpret and apply relevant provisions of the City's Code and Charter; and WHEREAS,on December 15, 1998,the City Council heard the Appeal and,on a4-3 vote, upheld the Board's denial of the Project; and WHEREAS,on January 5, 1999,the City Council adopted Resolution 99-6 in support of its decision on the Appeal;and WHEREAS,a petition for initiative signed by registered electors of the City has been filed with the City which requires,under Article X,Section I(c)of the Charter,that the City Council either adopt this Ordinance or submit it to the registered electors of the City at the next regular election. NOW,THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That the Project,as presented tothe Board on Novembers, 1998,is hereby approved with the six conditions recommended by City staff as set forth in the November 5, 1998 Staff Report for the Project. Section 2. That the Project is approved on the basis that it complies with all relevant provisions 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 Uiereto is hereby reversed and superseded in its entirety by the provisions of this Ordinance. Section 2. That the foregoing proposed citizen-initiated ordinance is hereby submitted to the registered electors of the City of Fort Collins at said regular municipal election in substantially the following form: PROPOSED CITIZEN-INITIATED ORDINANCE --- MULBERRY-LEMAY CROSSING PRELIMINARY P.U.D. AN ORDINANCE APPROVING, WITH SIX CONDITIONS PREVIOUSLY RECOMMENDED BY CITY STAFF, THE PRELIMINARY P.U.D. FOR A COMMUNITY REGIONAL SHOPPING CENTER PROJECT IN NORTH FORT COLLINS, WHICH INCLUDES A PROPOSED WAL-MART STORE, KNOWN AS THE MULBERRY-LEMAY CROSSING PRELIMINARY P.U.D., WHICH ORDINANCE WOULD ALSO OVERTURN AND REVERSE PREVIOUS DECISIONS OF THE CITY'S PLANNING AND ZONING BOARD AND CITY COUNCIL DENYING THE PROJECT, AND MAKE A FINDING THAT THE PROJECT COMPLIES WITH ALL RELEVANT PROVISIONS OF THE CODE AND CHARTER OF THE CITY. FOR THE ORDINANCE AGAINST THE ORDINANCE Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day of February, A.D. 1999. Mayor ATTEST: City Clerk