HomeMy WebLinkAbout2000-020-01/18/2000-MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF THE PLANNING AND ZONING BOARD DECISI RESOLUTION 2000-20
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE APPEAL OF A DECISION OF THE PLANNING AND ZONING BOARD
RELATING TO THE OLDE TOWN NORTH
MODIFICATION REQUEST
WHEREAS, on November 4, 1999, the City Planning and Zoning Board (the "Board")
conditionally approved a modification request regarding a modification of the standard contained
in Section 4.15(D)(1)ofthe Land Use Code(which standard requires that single family housing shall
be limited to a maximum of forty (40) percent of the geographically distinct zone district area) for
the proposed Olde Town North Subdivision; and
WHEREAS, the Board approved the modification of the standard on the condition that a
minimum of 50%ofthe residential units in any proposed development plan meet the City's definition
of affordable housing; and
WHEREAS, on November 18, 1999, a Notice of Appeal of the Board's decision was filed
with the City Clerk by Monica Sweere (the "Appellant"); and
WHEREAS, on January 11, 2000, 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,
decided to modify the condition of approval to require that 25% of the residential units in any
development plan meet the City's definition of affordable housing; 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. That the grounds for appeal as stated in the Appellant's Notice of Appeal
conform to the requirements of Section 2-48 of the City Code.
2. That the Board failed to properly interpret and apply the relevant provisions of
the City Code and Charter, specifically the provisions of the City's Land Use
Code,by conditioning its approval ofthe above-referenced modification request
on the condition that a minimum of 50%of the residential units in any proposed
development plan meet the City's definition of affordable housing.
I That the City Council hereby modifies that condition of approval to read as
follows:
The applicant shall submit an application within one year of the approval of this
modification in accordance with Section 2.8.1 of the Land Use Code. This
modification shall only be valid for a period of five (5) years following such
submittal during which time the applicant must obtain final approval of all
Project Development Plans for the entire property. One extension of this
modification may be granted by the Director not to exceed one year in length.
This modification shall only be valid if the project qualifies as an affordable
housing project as defined in the Land Use Code,except that the percentage of
dwelling units required to be"affordable housing units"is changed from ten(10)
percent to twenty five (25)percent.
Passed and adopted at a regular meeting of the City Council held this 18th day of January,
A.D. 2000.
1
Mayor
ATTEST:
City Cleric