HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/21/2006 - RESOLUTION 2006-018 MAKING FINDINGS OF FACT AND CO ITEM NUMBER: 36
AGENDA ITEM SUMMARY DATE: February 21, 2006
FORT COLLINS CITY COUNCIL STAFF: Steve Olt
SUBJECT
Resolution 2006-018 Making Findings of Fact and Conclusions Pertaining to the Appeal of the
Determination of the Planning and Zoning Board Regarding the Shields Street Lofts Project
Development Plan.
RECOMMENDATION
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY
On December 14, 2005, an appeal of the December 8, 2005 decision of the Planning and Zoning
Board to deny the Shields Street Lofts (515 South Shields Street), Project Development Plan (the
"Project") was filed by the Appellants Mikal S. Torgerson and Troy W. Jones.
On February 7, 2006, City Council voted to overturn the Planning and Zoning Board's denial of the
Project and remand the Project back to the Board for further discussion regarding the non-residential
parking impacts of the development on surrounding properties as a component of the"compatibility"
requirement in Section 5.1.2 of the Land Use Code. In order to complete the record regarding this
appeal,the Council should adopt a Resolution making findings of fact and finalizing its decision on
the appeal.
BACKGROUND
The Appellants notice of appeal was based on the allegation that relevant laws of the Land Use Code
were not properly interpreted and applied.
At the February 7, 2006 hearing on this matter, Council considered the testimony of City staff, the
Appellants, and the Opponents to the Appeal. In subsequent discussion at this hearing, Council
determined the Planning and Zoning Board did not properly interpret and apply relevant provisions
of the Land Use Code.
City Council decided to overturn the decision of the Planning and Zoning Board and remanded the
Project back to the Board for further discussion on the non-residential parking impacts associated
with the development.
RESOLUTION 2006-018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO
THE APPEAL OF THE DETERMINATION OF THE
PLANNING AND ZONING BOARD REGARDING THE
SHIELDS STREET LOFTS PROJECT DEVELOPMENT PLAN
WHEREAS, on December 8, 2005, the City's Planning and Zoning Board (the "Board")
denied the Shields Street Lofts Project Development Plan No. 15-05 (the "Plan"); and
WHEREAS, on December 14, 2005, a Notice of Appeal of the Board's decision was filed
with the City Clerk by M. Torgerson Architects (by Mikal S. Torgerson and Troy W. Jones) (the
"Appellants"); and
WHEREAS, on February 7, 2006, 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, heard presentations from the Appellants and other parties-in-interest and, after discussion,
remanded the Plan for rehearing before the Board, and requested the Board to consider the Plan in
light of the findings of fact and conclusions of the Council as set forth in this Resolution; 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 Section 2-56(e) of the City Code, 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 failed to properly interpret and apply the provisions of the
Land Use Code in denying the Plan on the basis of Section 3.5.1 of the Land
Use Code pertaining to size, height, bulk, mass, and scale because the
building complies with Section 3.5.1(C) since it is similar in mass and scale
to other structures on the same block upon which the building is proposed to
be located.
3. That the Plan complies with the parking requirements for the residential
component of the Plan as those standards are set out in Section 3.2.2(K)(1)
pertaining to residential parking requirements for the residential component
of the Plan. The nine parking spaces provided in accordance with the Plan
complies with the said section.
4. That the Board failed to adequately consider the parking impacts of the non-
residential component of the Plan. In particular,the Board failed to properly
interpret and apply Section 3.5.1 of the Land Use Code pertaining to project
compatibility, for the following reasons:
(a) Even though Section 3.2.2(K)(2)only sets forth a maximum number
of parking spaces (and no minimum number of parking spaces),
Section 3.5.1 of the Land Use Code authorizes the approval of
development projects only when they are compatible with the
surrounding area;
(b) The definition of "compatibility" in Section 5.1.2 specifically
includes parking impacts as a component of compatibility.
(c) Section 3.2.2(B)requires the parking system within the development
to accommodate the movement of vehicles to and from surrounding
areas safely and conveniently;
(d) Section 3.5.1(J)authorizes the imposition of conditions to ensure that
new development will be compatible with existing neighborhoods
and uses. Although subsection (J) contains a list of six possible
conditions or restrictions that may be imposed in order to ensure
compliance therewith, said list is not limited to those six issues, and
the compatibility of parking with existing neighborhoods and uses is
an additional appropriate topic for the imposition of a condition;and
5. That the Board, upon rehearing, should consider the parking that would be
reasonably necessary for the non-residential component of the Plan in order
to ensure project compatibility with the surrounding area and should impose
a condition requiring the supply of such necessary parking.
6. That,for the foregoing reasons,the decision of the Board denying the Shields
Street Lofts Project Development Plan No. 15-05 is hereby overturned and
is remanded for rehearing in accordance with these findings of fact and
conclusions.
Passed and adopted at a regular meeting of the City Council held this 21st day of February,
A.D. 2006.
Mayor
ATTEST:
City Clerk