HomeMy WebLinkAbout2001-046-04/09/2001-MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF A DECISION OF THE PLANNING AND ZONIN RESOLUTION 2001-46
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 HARMONY SAFEWAY MARKETPLACE LOT 6,
SAFEWAY FUEL FACILITY P.D.P.
WHEREAS, on January 18, 2001, the City Planning and Zoning Board (the "Board")
conditionally approved the Harmony Safeway Marketplace Lot 6,Safeway Fuel Facility P.D.P#33-
94F, with the condition that there be not flush wall signs on the south and west elevations of the
proposed convenience store building; and
WHEREAS,on February 2,2001,a Notice of Appeal of the Board's decision was filed with
the City Clerk by Galloway,Romero&Associates as representatives of Safeway Stores 46,Inc.("the
Appellants"); and
WHEREAS, on March 20, 2001, 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, heard presentations from the Appellants and other parties in interest and, after discussion,
decided to modify the decision of the Planning and Zoning Board by eliminating the condition
imposed by the Board regarding the flush wall signs on the south and west elevations of the proposed
convenience store building.
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 Appellant's Notice of Appeal
conform to the requirements of Section 2-48 of the City Code.
2. That the Board failed to properly interpret and apply the relevant provisions of
the City Code and Charter, specifically the provisions of the City's Land Use
Code pertaining to signage as set forth in Section 3.8.7(E)(2) and also Section
3.5.3(D)(1) in requiring the removal of flush wall signs on the south and west
elevations of the proposed convenience store building.
3. That the City Council upholds the decision of the Board in approving the
Harmony Safeway Marketplace Lot 6, Safeway Fuel Facility P.D.P., but
modifies that decision of approval by eliminating the condition imposed by the
Board that required the removal of the flush wall signs on the south and west
elevations of the proposed convenience store building.
2001. Passed and adopted at a regular meeting of the City Council held thi$9th day of April,A.D.
Mayor `
ATTEST: .
City Clerk