HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/19/2016 - RESOLUTION 2016-007 MAKING FINDINGS OF FACT AND COAgenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY January 19, 2016
City Council
STAFF
Clark Mapes, City Planner
SUBJECT
Resolution 2016-007 Making Findings of Fact and Conclusions of Law Regarding the Appeal of the Planning
and Zoning Board Decision Approving the Uncommon Project Development Plan, PDP15-0013.
EXECUTIVE SUMMARY
The purpose of this item is to make Findings of Fact and Conclusions regarding the appeal of the Planning and
Zoning Board’s decision to approve the Uncommon Project Development Plan. The appeal was heard by City
Council on January 12, 2016.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
On October 29, 2015, the Planning and Zoning Board considered the application for the Uncommon Project
Development Plan (PDP). The Board voted 5-2 to approve the PDP as proposed.
On November 12, 2015, a City Councilmember filed a Notice of Appeal with two questions regarding the
Planning and Zoning Board’s decision as follows:
1. Is the project actually compatible with the Land Use Code (specifically, subsections 4.16(D)(4)(b),
4.16(E)(1)(c), 3.4.7(A), 3.4.7(B), and others referenced in the staff recommendation regarding this
proposal)?
2. What evidence did Planning and Zoning use on October 29 to reach its decision? And how did
that evidence factor into its decision?
On January 12, 2016, City Council considered the record on appeal and testimony from the applicant and
parties-in-interest in light of the applicable Land Use Code standards. City Council upheld the P&Z Board’s
approval of the PDP, as modified to add two conditions to ensure compliance with certain aspects of the
approved plan, as follows:
1. The plaza area at the southwest corner of the building and the walkway along the south end of the building
be open to the public except to the extent fencing is required for an outdoor café with such fencing not
extending more than ten (10) feet from the building.
2. Enforceable requirements that the project shall not include rental-by-the-bedroom shall be included on the
Final Site Plan and in the Development Agreement.
RESOLUTION 2016-007
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING
THE APPEAL OF THE PLANNING AND ZONING BOARD DECISION
APPROVING THE UNCOMMON PROJECT DEVELOPMENT PLAN, PDP15-0013
WHEREAS, on October 29, 2015, the Planning and Zoning Board (“P&Z”) approved the
Uncommon Project Development Plan, PDP15-0013 (the “Decision”); and
WHEREAS, on November 12, 2015, Councilmember Ross Cunniff filed a Notice of
Appeal of the Decision City with the City Clerk; and
WHEREAS, the Notice of Appeal requested that City Council review whether P&Z
properly interpreted and applied certain relevant portions of the Land Use Code in rendering the
Decision; and
WHEREAS, based upon the Notice of Appeal and pursuant to City Code Section 2-48(c),
the Director of Planning, Development, and Transportation identified the Land Use Code
provisions applicable to the Appeal; and
WHEREAS, on January 12, 2016, the City Council, after notice given in accordance with
Chapter 2, Article II, Division 3, of the City Code, considered the Appeal, reviewed the record
on appeal and the applicable Land Use Code provisions, and heard presentations from the
representative for Uncommon and other parties-in-interest (the “Council Hearing”); and
WHEREAS, after discussion, the City Council found and concluded based on the
evidence in the record and presented at the Council Hearing that:
1. The Planning and Zoning Board properly interpreted and applied the Land Use
Code when it approved PDP15-0013 on October 29, 2015, except that;
2. The Decision should be modified by the addition of two conditions:
i. The plaza area at the southwest corner of the building and the walkway
along the south end of the building be open to the public except to the
extent fencing is required for an outdoor café with such fencing not
extending more than ten (10) feet from the building; and
ii. The project development agreement and project plans shall include an
enforceable provision prohibiting rental by the bedroom;
and
3. Except as to the added conditions as stated, the Appeal is without merit and is
denied;
and
WHEREAS, City Code Section 2-55(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 2-55(g) of the City Code, the City Council hereby
makes and adopts the following findings of fact and conclusions:
Section 1. That the grounds for appeal as stated in the Notice of Appeal conform to
the requirements of Section 2-48 of the City Code.
Section 2. That based on the evidence in the record and presented at the Council
Hearing, the recitals set forth above are adopted as findings of fact.
Section 3. That based on the evidence in the record and presented at the Council
Hearing, the Decision is hereby modified by the addition of the two following conditions:
i. That, to ensure compliance with the requirement of Land Use Code
Section 4.16(E)(1)(c) for specified ground floor open space, the
project plans include enforceable requirements that the plaza area
at the southwest corner of the building and the walkway along the
south end of the building, referred to as the “paseo,” be maintained
as open to the public, except to the extent fencing is required to
bound an outdoor café approved by the City, which fenced area
shall not extend more than ten (10) feet from the building.
ii. That, to ensure compliance with the compatibility requirements for
the project cited in the Appeal, the project development agreement
and the project plans include an enforceable provision prohibiting
the rental by the bedroom of any portion of the project, unless a
change of use is approved for the project.
Section 4. That, except as modified by this Resolution, the Planning and Zoning
Board properly interpreted and applied the relevant sections of the Land Use Code when it
approved PDP15-0013 on October 29, 2015, and that, except as modified by this Resolution, the
Appeal is found to be without merit and is denied.
Section 5. That adoption of this Resolution shall constitute the final action of the City
Council in accordance with City Code Section 2-55(g).
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
19th day of January, A.D. 2016.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk