HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/04/2013 - RESOLUTION 2013-052 MAKING FINDINGS OF FACT AND CODATE: June 4, 2013
STAFF: Courtney Levingston
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 25
SUBJECT
Resolution 2013-052 Making Findings of Fact and Conclusions Regarding the Appeal of the March 21, 2013 Planning
and Zoning Board Approval of the Carriage House Apartments Project Development Plan.
EXECUTIVE SUMMARY
On March 21, 2013, the Planning and Zoning Board considered and approved the application for the Carriage House
Apartments, Project Development Plan. On April 4, 2013, a Notice of Appeal was filed by Joel Rovnak seeking to
remand the decision back to the Planning and Zoning Board.
On May 21, 2013, City Council voted 5 - 0 (Poppaw absent, Campana withdrawn) upholding the decision of the
Planning and Zoning Board, concluding that the evidence presented did not indicate the Board failed to conduct a fair
hearing by considering evidence relevant to its findings which was substantially false or grossly misleading.
In order to complete the record regarding this appeal, Council is required to adopt a Resolution making findings of fact
and finalizing its decision on the appeal.
BACKGROUND / DISCUSSION
The Appellant’s Notice of Appeal was based on allegations that the Planning and Zoning Board failed to conduct a fair
hearing in that it considered evidence contained in the Traffic Impact Study which was substantially false and grossly
misleading.
At the May 21, 2013 appeal hearing, Council considered the testimony of the Appellant, Applicant and City staff. After
consideration of the record and discussion, Council determined that Planning and Zoning Board conducted a fair
hearing. Accordingly, the Council upheld the decision of the Planning and Zoning Board, approving the Carriage
House Apartments, Project Development Plan.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
RESOLUTION 2013-052
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS
REGARDING THE APPEAL OF THE MARCH 21, 2013
PLANNING AND ZONING BOARD APPROVAL OF THE
CARRIAGE HOUSE APARTMENTS PROJECT DEVELOPMENT PLAN
WHEREAS, on March 21, 2013, the Planning and Zoning Board (the “Board”) approved a
project development plan for the project known as the Carriage House Apartments Project
Development Plan (the “PDP”); and
WHEREAS, on April 4, 2013, a Notice of Appeal of the Board's decision was filed with the
City Clerk by Joel Rovnak (the “Appellant”); and
WHEREAS, on May 21, 2013, the City Council, after notice given in accordance with
Chapter 2, Article II, Division 3, of the City Code, considered said amended appeal, reviewed the
record on appeal, heard presentations from the Appellant and other parties-in-interest and, after
discussion, upheld the decision of the Board; and
WHEREAS, City Code Section 2-57(g) 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 2-57(g) 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 Appellant's Amended Notice of
Appeal conform to the requirements of Section 2-48 of the City Code.
2. That the Board conducted a fair hearing in approving the Carriage House
Apartments Project Development Plan and did not consider evidence relevant
to its findings which was substantially false or grossly misleading.
3. That accordingly, the decision of the Board is upheld.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th
day of June A.D. 2013.
Mayor
ATTEST:
City Clerk