HomeMy WebLinkAbout2005-048-05/03/2005-MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO THE APPEAL OF THE DETERMINATION OF THE PLANNIN RESOLUTION 2005-048
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO
THE APPEAL OF THE DETERMINATION OF THE
PLANNING AND ZONING BOARD REGARDING THE
FEATHER RIDGE MODIFICATION OF STANDARD
WHEREAS, on February 17, 2005, the City's Planning and Zoning Board (the "Board")
denied the Feather Ridge Modification of Standard#20-04B (the "Plan"); and
WHEREAS, on March 3, 2005, 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 April 19, 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,
upheld the decision 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 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 evidence
presented to the Board of an emotional or irrelevant nature did not affect the
Board's decision.
3. That, in accordance with the findings contained in paragraph 2 above, the
Feather Ridge Project Development Plan is hereby denied unless the request
for a modification of the standard contained in Section 3.8.27(C) is
withdrawn by the Appellant.
4. If the request for modification of said standard is withdrawn by the applicant,
the Feather Ridge Project Development Plan is hereby approved upon the
condition that the farm house cannot be used for the holding of celebrations
or events associated with the proposed small scale reception center, nor can
it be used directly or indirectly in support thereof (such as for kitchen,
storage, bar or office purposes) but may be used for residential purposes or
any other use authorized pursuant to Division 4.1 of the Land Use Code
(except a small scale reception center) provided that such use is conducted
in accordance with all applicable requirements of the Land Use Code.
5. If the Appellant wishes to relocate the farm house to a new location which
would obviate the need for obtaining a modification of the standard as set out
in Section 3.8.27(C) of the Land Use Code, then such relocation of the farm
house would require the filing of an amendment of the Feather Ridge Project
Development Plan,which amendment shall be processed in accordance with
Section 2.2.10 of the Land Use Code.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this
3rd day of May, A.D. 2005.
May r
ATTEST:
City Clerk Al