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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/20/2012 - RESOLUTION 2012-109 MAKING FINDINGS OF FACT AND CODATE: November 20, 2012 STAFF: Ted Shepard AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 26 SUBJECT Resolution 2012-109 Making Findings of Fact and Conclusions Regarding the Appeal of the Decision of the Planning and Zoning Board to Approve the Regency Lakeview Addition of a Permitted Use for Multi-family Dwellings at Christ Center Community Church and the Associated Project Development Plan. EXECUTIVE SUMMARY On July 19, 2012, the City of Fort Collins Planning and Zoning Board approved Regency Lakeview Addition of a Permitted Use and Project Development Plan. On August 2, 2012, Mr. Andy Lewis et.al, filed a Notice of Appeal seeking redress of the Planning and Zoning Board decisions. On November 8, 2012, City Council took the following actions: 1. With regard to the allegation that the Planning and Zoning Board failed to conduct a fair hearing in consideration of the Addition of a Permitted Use, the Council voted 6 – 0 that the Board did not fail to conduct a fair hearing. 2. With regard to the allegation that the Planning and Zoning Board failed to properly interpret and apply relevant provisions of the Code and Charter in consideration of the Addition of a Permitted Use, the Council voted 4 – 2 (Nays: Troxell, Weitkunat) that the Board failed to properly interpret and apply relevant provisions of the Land Use Code thus overturning the decision of the Planning and Zoning Board. 3. With regard to the allegation that the Planning and Zoning Board failed to properly interpret and apply relevant provisions of the Code and Charter in consideration of the Project Development Plan, the Council voted 6 – 0 that the Board failed to properly interpret and apply relevant provisions of the of the Land Use Code, thus overturning the decision of the Planning and Zoning Board. In order to complete the record regarding this appeal, Council should adopt a Resolution making findings of fact and finalizing its decision on the Appeal. BACKGROUND / DISCUSSION The Appellants’ Notices of Appeal were based on allegations that the Planning and Zoning Board failed to conduct a fair hearing and failed to properly interpret and apply relevant provisions of the Land Use Code. At the November 8, 2012 hearing on the matter, Council considered the testimony of City staff, the appellants and the applicants. In subsequent discussion at this hearing, Council determined that the Planning and Zoning Board did not fail to conduct a fair hearing. Regarding the issue of whether or not the Planning and Zoning Board properly interpreted and applied relevant provisions of the Land Use Code in consideration of the Addition of a Permitted Use, Council voted to overturn the decision of the Planning and Zoning Board. Regarding the issue of whether or not the Planning and Zoning Board properly interpreted and applied relevant provisions of the Land Use Code in consideration of the Project Development Plan, Council voted to overturn the decision of the Planning and Zoning Board. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. RESOLUTION 2012-109 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF THE DECISION OF THE PLANNING AND ZONING BOARD TO APPROVE THE REGENCY LAKEVIEW ADDITION OF A PERMITTED USE FOR MULTI-FAMILY DWELLINGS AT CHRIST CENTER COMMUNITY CHURCH AND THE ASSOCIATED PROJECT DEVELOPMENT PLAN WHEREAS, on July 19, 2012, the Planning and Zoning Board (the “Board”) approved the Regency Lakeview addition of a permitted use for multi-family dwellings at Christ Center Community Church and the associated Project Development Plan (the “Project”); and WHEREAS, on August 2, 2012, a Notice of Appeal of the Board’s decision was filed with the City Clerk by Andrew Lewis (the “Appellant”); and WHEREAS, on November 8, 2012, 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, overturned the decisions of the Board; and WHEREAS, City Code Section 2-56(e) 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 City Code Section 2-56(e), the Council hereby makes the following findings of fact and conclusions: 1. The grounds for appeal stated in the Appellant’s Notice of Appeal conform to the requirements of Section 2-48 of the City Code. 2. On the issue of the addition of the permitted use, the City Council determined that the Board did not fail to conduct a fair hearing, but did fail to properly interpret and apply the Land Use Code in adding the requested permitted use for multi-family dwellings at the Christ Center Community Church because the proposed use was not appropriate in the R-L zone district to which it was added and therefore did not comply with the required finding as contained in Section 1.3.4(A)(1) of the Land Use Code that the use must be appropriate in the zone district to which it is added. 3. Since the City Council has determined that the decision of the Board in adding the permitted use should be overturned, the Board's decision approving the Project Development Plan must also be overturned since the Project Development Plan was dependant upon the addition of the permitted use. 4. Accordingly, the City Council hereby overturns the decision of the Board that approved the addition of the permitted use for multi-family dwellings at the Christ Center Community Church and also overturns the decision of the Board that approved the associated Project Development Plan. Passed and adopted at a regular meeting of the City Council held this 20th day of November, A.D. 2012. Mayor Pro Tem ATTEST: City Clerk 2