HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/04/2011 - RESOLUTION 2011-001 MAKING FINDINGS OF FACT REGARD DATE: January 4, 2011 AGENDA ITEM SUMMARY
STAFF: Steve Olt FORT COLLINSCOUNCIL
SUBJECT
Resolution 2011-001 Making Findings of Fact Regarding the Appeal of the Planning and Zoning Board Approvals of
the CSURF Center for Advanced Technology, Amended Overall Development Plan, Modification of Standards of
Section 3.2.2(L) Parking Stall Dimensions, and Section 3.5.2(D)(2) Setback from Nonarterial Streets.
EXECUTIVE SUMMARY
On November 26, 2010, an appeal of the October 21, 2010 decisions of the Planning and Zoning Board to approve
the CSURF Centre for Advanced Technology, Amended Overall Development Plan, the request for Modification of
Standard in Section 3.2.2(L) Parking Stall Dimensions, and the request for Modification of Standard in Section
3.5.2(D)(2)Setback from Nonarterial Streets was filed by the Appellants Windtrail on Spring Creek HOA(Kevin Barrier,
President) and Hillpond on Spring Creek HOA (Gail Dethloff, President).
On December 21, 2010, City Council voted to overturn the decision of the Planning and Zoning Board. 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 / DISCUSSION
The Appellants notice of appeal was based on the allegations that:
• The Planning and Zoning Board did not properly interpret and apply relevant portions of the Code and Charter.
• The Planning and Zoning Board failed to conduct a fair hearing because it:
• ignored previously established rules of procedure;
• considered evidence relevant to its findings which was grossly misleading evidence; and,
• failed to receive all relevant evidence offered by the appellant.
At the December 21, 2010 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 that the Planning and
Zoning Board did not fail to conduct a fair hearing with respect to its consideration of the relocation of Rolland Moore
Drive and approval of the Overall Development Plan #16-10. However, Council overturned the decision of the
Planning and Zoning Board on the grounds that the Board failed to properly interpret and apply the Land Use Code
requirement that the Overall Development Plan be consistent with the block standards requirements in the M-M-N
zone district.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
RESOLUTION 2011-001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT REGARDING THE APPEAL OF THE
PLANNING AND ZONING BOARD APPROVALS OF THE
CSURF CENTER FOR ADVANCED TECHNOLOGY, AMENDED OVERALL
DEVELOPMENT PLAN, MODIFICATION OF STANDARDS OF
SECTION 3.2.2(L) PARKING STALL DIMENSIONS, AND
SECTION 3.5.2(D)(2) SETBACK FROM NONARTERIAL STREETS
WHEREAS, on October 21, 2010,the Planning and Zoning Board (the "Board") approved
an Amended Overall Development Plan for the CSURF Centre for Advanced Technology (the
"Amended ODP") and also approved two modification of standards relating to the project
development plan for such development; and
WHEREAS,on November 26,2010,an Amended Notice of Appeal of such decisions of the
Board was filed in the Office of the City Clerk; and
WHEREAS,on December 21,2010,after notice given in accordance with Chapter 2,Article
II, Division 3, of the City Code, the City Council considered said appeal, reviewed the record on
appeal, heard presentations by parties in interest to the appeal,and, after discussion, overturned the
decision of the Board approving the Amended ODP; and
WHEREAS,City Code Section 2-56(e)provides that no later than the date of its next regular
meeting after the hearing on an appeal, the 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 City Council hereby makes the
following findings of fact and conclusions:
1. That the grounds for appeal as stated in the Amended Notice of Appeal
conform to the requirements of Section 2-48 of the City Code.
2. That, in conducting the hearing on the Amended ODP and the above
referenced modifications of standards,the Board did not ignore its previously
established rules of procedure,consider evidence relevant to its findings that
was substantially false or grossly misleading, or otherwise fail to conduct a
fair hearing.
3. That, in reaching its decision as to the Amended ODP, the Board failed to
properly interpret and apply the provisions of Section 2.3.2(H)(1)of the Land
Use Code that require an overall development plan to be consistent with the
bock size requirements for the M-M-N zone district, in that the Amended
ODP,a portion of which is within the M-M-N zone district,was presented in
conjunction with a project development plan that requires a modification of
the block size requirements.
4. That the modifications of standards approved by the Board have been
rendered moot by reason of the City Council's denial of the Amended ODP
and, by stipulation of the parties, no further action of the City Council needs
be taken with regard to such modifications of standards. Accordingly, the
Board's approval of such modifications of standards is hereby determined to
be null and void of no further force or effect.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th
day of January, A.D. 2011.
Mayor
ATTEST:
City Clerk