HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/06/2011 - RESOLUTION 2011-078 MAKING FINDINGS OF FACT REGARDDATE: September 6, 2011
STAFF: Steve Olt
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 32
SUBJECT
Resolution 2011-078 Making Findings of Fact Regarding the Appeal of the June 16, 2011, Planning and Zoning Board
Approval of the Amended CSURF Centre for Advanced Technology Overall Development Plan.
EXECUTIVE SUMMARY
On June 30, 2011, an appeal of the June 16, 2011 decision of the Planning and Zoning Board to approve the Amended
CSURF Centre for Advanced Technology, Overall Development Plan was filed by representatives for Windtrail on
Spring Creek HOA, Sundering Townhomes HOA, Hill Pond on Spring Creek HOA, Hill Pond Condominium HOA and
Windtrail Townhomes HOA.
On August 23, 2011, City Council voted to uphold 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 allegation that:
• The Planning and Zoning Board improperly interpreted and applied relevant portions of the Code.
At the August 23, 2011 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 properly interpret and apply relevant portions of the Code and Charter.
City Council determined to uphold the decision of the Planning and Zoning Board.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
RESOLUTION 2011-078
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT REGARDING THE APPEAL OF THE
JUNE 16, 2011, PLANNING AND ZONING BOARD APPROVAL OF
THE AMENDED CSURF CENTRE FOR ADVANCED TECHNOLOGY
OVERALL DEVELOPMENT PLAN
WHEREAS, on June 16, 2011, the Planning and Zoning Board (the “Board”) approved an
Amended Overall Development Plan for the CSURF Centre for Advanced Technology (the
“Amended ODP”); and
WHEREAS, on June 30, 2011, a Notice of Appeal of such decision of the Board was filed
in the Office of the City Clerk by representatives of Windtrail on Spring Creek Homeowners’
Association, Sundering Townhomes Homeowners’ Association, Hill Pond on Spring Creek
Homeowners’ Association, Hill Pond Condominium Homeowners’ Association, and Windtrail
Townhomes Homeowners’ Association, alleging that the Board had improperly interpreted and
applied relevant portions of the Land Use Code; and
WHEREAS, on August 23, 2011, 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, upheld 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 Notice of Appeal conform to the
requirements of Section 2-48 of the City Code.
2. That, in reaching its decision to approved the Amended ODP, the Board
properly interpreted and applied the relevant provisions of the Land Use
Code, and that said decision is hereby upheld.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th
day of September, A.D. 2011.
Mayor
ATTEST:
City Clerk