HomeMy WebLinkAbout1999-006-01/05/1999-MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF A DECISION OF THE PLANNING AND ZONIN RESOLUTION 99-6
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE APPEAL OF A DECISION OF THE PLANNING AND ZONING BOARD
RELATING TO THE MULBERRY-LEMAY CROSSING PRELIMINARY PUD
WHEREAS, on November 5, 1998, the City Planning and Zoning Board (the "Board")
denied the Mulberry-Lemay Crossing Preliminary PUD (the "Project"); and
WHEREAS, on November 13, 1998, a Notice of Appeal of the Board's decision was filed
with the City Clerk by Goldberg Property Associates, Inc. (the"Appellant"); and
WHEREAS,on December 15, 1998,the City Council,after notice given in accordance with
Chapter 2, Article 11, Division 3, of the City Code, considered said appeal, reviewed the record on
appeal and heard presentations from the Appellants and other parties in interest; 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. That the grounds for appeal as stated in the Appellants' Notice of Appeal
conform to the requirements of Section 2-48 of the City Code.
2. That the Board did not fail to properly interpret and apply the relevant
provisions of the City Code and Charter in denying the Project. More
particularly, the Council finds that the Board did not err in deciding that the
Project failed to satisfy all of the applicable criteria of the Land Development
Guidance System("LDGS")and that the following LDGS criteria were not,in
fact, satisfied by the Project for the reasons stated below:
a. With respect to Criterion A-2.1 (Vehicular, Pedestrian and Bicycle
Transportation), the Council finds that the additional traffic (vehicular,
pedestrian and bicycle traffic)generated by the land uses within the Project
cannot be incorporated into the neighborhood and community
transportation network without creating safety problems,particularly (but
without limitation)with respect to safety along North Lemay Avenue from
its intersection with Mulberry Street through its intersection with Vine
Drive; and the Council further finds that the Project does not create
adequate opportunities for pedestrian and bicycle traffic to and from the
Project to be integrated into the overall City pedestrian and bicycle system.
b. With respect to Criterion A-2.3 (Natural Features), the Council finds that
the proposed plan fails to minimize the disturbance of topography, both
because of the storm water drainage impacts generated by the Project, and
because of the excessive amounts of"fill"that would be required to elevate
and drain the Project site.
c. With respect to Criterion A-2.6(Pedestrian Circulation),the Council finds
that the pedestrian circulation system does not accommodate pedestrian
movement from the neighborhood to the site safely and conveniently,
particularly (but without limitation) with respect to pedestrian movement
associated with areas of the City located to the west and north of the project
site and pedestrian movement at the intersection of Lemay Avenue and
Mulberry Street.
3. That for the foregoing reasons,the Council hereby upholds the Board's decision
denying the Project.
Passed and adopted at a regular meeting of the City Council h -this 5th day of J uary,
A.D. 1999.
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ATTEST:
City Clerk