HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/20/2014 - RESOLUTION 2014-038 MAKING FINDINGS OF FACT AND COAgenda Item 19
Item # 19 Page 1
AGENDA ITEM SUMMARY May 20, 2014
City Council
STAFF
Pete Wray, Senior City Planner
SUBJECT
Resolution 2014-038 Making Findings of Fact and Conclusions Regarding the Appeal of the March 13, 2014,
Planning and Zoning Board’s Decision Regarding the Bella Vira Filing 2 Major Amendment and Replat for the
project known as the Bella Vira, Filing 2, Final Development Plan.
EXECUTIVE SUMMARY
The purpose of this item is to have Council adopt by resolution findings of fact in support of its decision on the
appeal.
On March 21, 2014 an appeal was filed concerning the Planning and Zoning Board Hearing decision regarding
a proposed Major Amendment and Replat to the Bella Vira, Phase 2, Final Development Plan (the FDP). An
Amended Appeal was received on March 28, 2014.
On May 6, 2014, City Council voted 7-0 on the motion that the Planning and Zoning Board conducted a fair
hearing in approving the FDP major amendment and replat, the Planning and Zoning Board properly
interpreted and applied the relevant provisions of the Land Use Code, and that accordingly, the decision of the
Planning and Zoning Board is upheld.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The original Bella Vira, Final Plan was approved in 2008. The Major Amendment to Phase 2, submitted on
January 2, 2014, proposes a change of use from multi-family to single-family attached dwellings. The Replat
of the existing, approved 25-unit multi-family plan, creates individual lot lines and utility connections. The
request for Modifications of Standard is for Sections 3.5.2 (E) (1) (2).
The Appellant’s amended notice of Appeal was based on allegations the Planning and Zoning Board did not
conduct a fair hearing, and that the Planning and Zoning Board failed to properly interpret and apply relevant
provisions of the Land Use Code.
At the May 6, 2014 hearing on the matter, Council considered said appeal, reviewed the record on appeal,
heard presentations from the Appellant and other parties-in-interest and, after discussion upheld the Decision.
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RESOLUTION 2014-038
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS
REGARDING THE APPEAL OF THE MARCH 13, 2014
PLANNING AND ZONING BOARD APPROVAL OF THE
BELLA VIRA FILING 2 MAJOR AMENDMENT AND REPLAT
WHEREAS, on March 13, 2014, the Planning and Zoning Board (the “Board”) approved
a major amendment and replat for the project known as The Bella Vira Filing 2 Final
Development Plan (the “FDP”); and
WHEREAS, on March 28, 2014, an Amended Notice of Appeal of the Board's decision
was filed with the City Clerk by Eric Sutherland (the “Appellant”); and
WHEREAS, on May 6, 2014, 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 FDP major
amendment and replat.
3. That the Board property interpreted and applied the relevant provisions of
the Land Use Code in approving the FDP major amendment and replat.
4. That accordingly, the decision of the Board is upheld.
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Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
20th day of May, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk