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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