HomeMy WebLinkAbout2005-017-02/15/2005-MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO THE APPEAL OF THE DECEMBER 2, 2004, DETERMINAT RESOLUTION 2005-017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO
THE APPEAL OF THE DECEMBER 2, 2004, DETERMINATION OF THE
PLANNING AND ZONING BOARD REGARDING THE
FEATHER RIDGE PROJECT DEVELOPMENT PLAN #20-04A
WHEREAS, on December 2, 2004, the Citys Planning and Zoning Board (the "Board")
denied the Feather Ridge Project Development Plan #20-04A (the "Plan"); and
WHEREAS, on December 16, 2004, a Notice of Appeal of the Board's decision was filed
with the City Clerk by Ryan Baker, Julie Baker and Wendi Meyer(the "Appellants"); and
WHEREAS,on December 30,2004, an Amended Notice of Appeal of the Board's decision
was filed with the City Clerk by the Appellants; and
WHEREAS, on February 1, 2005, 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 Appellants and other parties-in-interest and, after discussion,
overturned,in part,the decision of the Board and remanded the matter of a modification of standard
to the Board for rehearing; 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 Section 2-56(e) of the City Code, the Council hereby makes the
following findings of fact and conclusions:
1. That the grounds for appeal as stated in the Appellants' Amended Notice of
Appeal conform to the requirements of Section 2-48 of the City Code.
2. That the Board did not fail to conduct a fair hearing either by exceeding its
authority or jurisdiction or by considering evidence relevant to its findings
which was substantially false or grossly misleading and that any false or
misleading evidence presented to the Board was not so substantial as to have
affected the Board's decision.
3. That, except with respect to the matter which is remanded to the Board
pursuant to paragraphs 4 and 5 below, the Board failed to properly interpret
and apply the relevant provisions of the Land Use Code in denying the
project. In particular, the Board failed to properly interpret and apply the
provisions contained in Section 3.8.27(F) of the Land Use Code pertaining
to access to an arterial street because,with respect to that criterion,vehicular
access to the reception center under the Plan would, in fact, be obtained
directly from an arterial street.
4. The Plan complies with all performance standards contained in Section
3.8.27 of the Land Use Code except the standard pertaining to separation
from residential areas which is contained in Section 3.8.27(C).
5. That,with respect to the requested modification of the standard contained in
Section 3.8.27(C) pertaining to separation from residential areas, and, with
respect to that matter only, the Council hereby remands the matter to the
Board for the purpose of reconsidering that request for a modification.
6. That, if the above-referenced modification of standard is approved by the
Board, such approval will constitute the approval of the Plan and, if such
modification of standard is denied by the Board, such denial will constitute
a denial of the Plan for failure of the Plan to comply with Section 3.8.27(C).
7. That, if the request for a modification of the standard contained in Section
3.8.27(C)is withdrawn by the applicant,whether before or after the Planning
and Zoning Board has made its decision thereon, then the Plan is hereby
approved and the decision of the Planning and Zoning Board is overturned.
Passed and adopted at a regular meeting of the Council of the Cit f Fort Collins held this
15th day of February, A.D. 2005.
Mayor
ATTEST:
City Clerk