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