HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/06/2011 - RESOLUTION 2011-079 MAKING FINDINGS OF FACT REGARDDATE: September 6, 2011
STAFF: Steve Olt
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 33
SUBJECT
Resolution 2011-079 Makings Findings of Fact Regarding the Appeal of the June 16, 2011, Planning and Zoning Board
Approval of the Grove at Fort Collins Project 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 Grove
at Fort Collins, Project 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 modify the decision of the Planning and Zoning Board to approve the Project
Development Plan with two additional conditions. 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 and Charter
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 modify the decision of the Planning and Zoning Board, by approving the Project
Development Plan with the following two additional conditions:
1. One building must be LEED certified and all buildings will be built to the specifications and standards of the
LEED-certified building.
2. Pets will be prohibited in the project.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
RESOLUTION 2011-079
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 GROVE AT FORT COLLINS PROJECT DEVELOPMENT PLAN
WHEREAS, on June 16, 2011, the Planning and Zoning Board (the “Board”) approved the
Project Development Plan for The Grove at Fort Collins (the “PDP”); 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 City Code and 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, modified the
decision of the Board approving the PDP so as to condition approval of the PDP on two additional
conditions; 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 ground 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 approve the PDP, the Board properly interpreted and
applied the relevant provisions of the City Code and the Land Use Code, but that said
decision should be modified so as to approve the PDP conditioned upon two
additional requirements:
a. That at least one building that is constructed as part of the project described
in the PDP must be LEED certified and that all other buildings in the project
will be built to the same or comparable specifications and standards as the
LEED certified building; and
b. That, to the extent permitted by law, pets will be prohibited in all buildings
that are constructed as part of the project described in the PDP.
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