HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/01/2014 - RESOLUTION 2014-055 MAKING FINDINGS OF FACT AND COAgenda Item 19
Item # 19 Page 1
AGENDA ITEM SUMMARY July 1, 2014
City Council
STAFF
Pete Wray, Senior City Planner
SUBJECT
Resolution 2014-055 Making Findings of Fact and Conclusions Regarding the Appeal of the April 10, 2014,
Planning and Zoning Board Approval of the Bella Vira Final Plan, Extension of Vested Rights.
EXECUTIVE SUMMARY
The purpose of this item is for Council to consider adoption of a resolution making findings of fact and
conclusions pertaining to the Appeal of the April 10, 2014, Planning and Zoning Board’s decision regarding a
request for extension of vested rights to the Bella Vira Final Plan.
On April 24, 2014, an appeal was filed concerning the Planning and Zoning Board Hearing decision regarding
a request for extension of vested rights for the Bella Vira, Final Plan. An Amended Appeal was received on
May 14, 2014.
On June 3, 2014, City Council voted 7-0 on the motion to uphold the decision of the Planning and Zoning
Board to approve the Bella Vira, Final Plan, extension of vested rights.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The Appellant’s Amended Notice of Appeal alleged that 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 June 3, 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.
- 1 -
RESOLUTION 2014-055
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS
REGARDING THE APPEAL OF THE APRIL 10, 2014
PLANNING AND ZONING BOARD APPROVAL OF THE
BELLA VIRA FINAL PLAN, EXTENSION OF VESTED RIGHTS
WHEREAS, on April 10, 2014, the Planning and Zoning Board (the “Board”) approved
an extension of vested rights for the Bella Vira, Final Plan (the “Project”); and
WHEREAS, on April 24, 2014, a Notice of Appeal of the Board's decision was filed with
the City Clerk by Eric Sutherland (the “Appellant”); and
WHEREAS, on May 14, 2014, an Amended Notice of Appeal was filed with the City
Clerk by the Appellant; and
WHEREAS, on June 3, 2014, the City Council, after notice given in accordance with
Chapter 2, Article II, Division 3, of the City Code, considered said 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 Project.
3. That the Board properly interpreted and applied the relevant provisions of
the Land Use Code in approving the Project.
4. That accordingly, the decision of the Board is upheld.
- 2 -
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 1st
day of July, A.D. 2014.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk