HomeMy WebLinkAbout2023-080-09/05/2023-ADOPTING FINDINGS OF FACT IN SUPPORT OF THE CITY COUNCIL’S DECISION ON APPEAL TO REMAND THE PLANNINGRESOLUTION 2023-080
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING FINDINGS OF FACT IN SUPPORT OF THE CITY COUNCIL’S DECISION ON
APPEAL TO REMAND THE PLANNING AND ZONING COMMISSION APPROVAL OF A
MAJOR AMENDMENT TO THE ZIEGLER-CORBEfl OVERALL DEVELOPMENT PLAN
WHEREAS,on March 23,2023,the Planning and Zoning Commission (“P&Z”)approved
a Major Amendment to the Ziegler-Corbett Overall Development Plan,MJA#220004 (“Major
Amendment”);and
WHEREAS,on April 5,2023,Craig Latzke filed a notice of appeal (“Latzke Appeal”)
asserting that:
(a)P&Z failed to conduct a fair hearing because P&Z substantially ignored its previously
established rules of procedure
(b)P&Z failed to properly interpret and apply Fort Collins Land Use Code Section 3.6.3(E)
and (F)(Street Pattern &Connectivity Standards)
(c)P&Z failed to properly interpret and apply City Plan Policy LW 4.2 (Compatibility of
Adjacent Development)
and
WHEREAS,on April 5,2023,Lacey Joyal and Tamara Burnside also filed a notice of
appeal (“Joyal Appeal”)asserting that P&Z failed to properly interpret and apply the following
sections:
(a)Fort Collins Land Use Code Section 3.6.3(E)and (F)(Street Pattern &Connectivity
Standards)
(b)Fort Collins Land Use Code Section 1.2.2(K)(Purpose)
(c)City Plan Policy LIV 4.2 (Compatibility of Adjacent Development)
and
WHEREAS,the people who filed the Latzke Appeal and the Joyal Appeal qualify as
parties-in-interest with standing to file a notice of appeal,and the notices of appeal were timely
filed;and
WHEREAS,on August 15,2023,the City Council,after notice given in accordance with
City Code Section 2-52,held a public hearing (“Hearing”)pursuant to City Code Section 2-54 to
consider the consolidated allegations raised in the Latzke Appeal and the Joyal Appeal;and
WHEREAS,at the Hearing,the City Council considered the record on appeal;testimony
from City staff;statements and arguments by Craig Latzke in support of the Latzke Appeal;
statements and arguments by Lacey Joyal in support of the Joyal Appeal;and statements and
arguments by Robert Choate and Jason Sherrill,legal counsel and CEO,respectively,for
Landmark Homes,the applicant for the Major Amendment in opposition to the notices of appeal;
and
WHEREAS,there were no evidentiary objections raised during the Hearing by any party
in-interest or by the applicant in opposition to the notices of appeal;and
WHEREAS,during the Hearing,Craig Latzke withdrew the fair hearing issue raised in the
Latzke Appeal,and after discussion,the City Council found and concluded based on the evidence
in the record and presentations made at the Hearing,that the fair hearing issue lacked merit and
that P&Z did not fail to conduct a fair hearing;and
WHEREAS,after discussion,the City Council decided based on the evidence in the record
and presentations made at the Hearing,to remand this matter to P&Z with the direction that P&Z
consider whether the Major Amendment complies with the street connectivity standards in the Fort
Collins Land Use Code,without deference to the alternative compliance originally approved as
part of the Zieler-Corbett Overall Development Plan;and
WHEREAS,in remanding the matter to P&Z,the City Council dismissed the Latzke
Appeal and the Joyal Appeal with respect to any issues not specifically addressed by the remand;
and
WHEREAS,City Code Section 2-56(c)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 such appeal.
NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that,pursuant to Section 2-56(c)of the City Code,the City Council hereby makes and
adopts the following findings of fact and conclusions:
1.That the City Council hereby makes and adopts the determinations and findings contained
in the recitals set forth above.
2.That the allegation set forth in the Latzke Appeal that P&Z failed to conduct a fair hearing
is without merit and is dismissed in its entirety.
3.That the Major Amendment to the Ziegler-Corbett Overall Development Plan be remanded
to P&Z for rehearing with the direction that,at a minimum,P&Z determine and make
specific factual findings whether the Major Amendment proposal complies with the street
connectivity standards set forth in Land Use Code 3.6.3,without deference to the
alternative compliance approval granted as part of the Ziegler-Corbett Overall
Development Plan.
4.That the March 23,2023,P&Z decision approving the Major Amendment is hereby
vacated.
5.That the Latzke Appeal and Joyal appeal are dismissed in their entirety with respect to any
issues not addressed in the remand.
6.That adoption of this Resolution shall constitute the final action of the City Council in
accordance with City Code Section 2-56(c).
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th
day of September,2023.
ASYAI
ATTEST:
a
City Clerk