HomeMy WebLinkAbout2011-079-09/06/2011-MAKING FINDINGS OF FACT REGARDING THE APPEAL OF THE JUNE 16, 2011, PLANNING AND ZONING BOARD APPROVA RESOLUTION 2011-079
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT REGARDING THE APPEAL OF THE
JUNE 16, 2011, PLANNING AND ZONING BOARD APPROVAL OF
THE GROVE AT FORT COLLINS PROJECT DEVELOPMENT PLAN
WHEREAS, on June 16, 2011, the Planning and Zoning Board(the `Board")approved the
Project Development Plan for The Grove at Fort Collins (the "PDP"); and
WHEREAS, on June 30, 2011, a Notice of Appeal of such decision of the Board was filed
in the Office of the City Clerk by representatives of Windtrail on Spring Creek Homeowners'
Association, Sundering Townhomes Homeowners' Association, Hill Pond on Spring Creek
Homeowners' Association, Hill Pond Condominium Homeowners' Association, and Windtrail
Townhomes Homeowners' Association, alleging that the Board had improperly interpreted and
applied relevant portions of the City Code and Land Use Code; and
WHEREAS, on August 23, 2011, after notice given in accordance with Chapter 2, Article
11, Division 3, of the City Code, the City Council considered said appeal, reviewed the record on
appeal, heard presentations by parties in interest to the appeal, and, after discussion, modified the
decision of the Board approving the PDP so as to condition approval of the PDP on two additional
conditions; and
WHEREAS,City Code Section 2-56(e)provides that no later than the date of its next regular
meeting after the hearing on an appeal, the 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 City Council hereby makes the
following findings of fact and conclusions:
1. That the ground for appeal as stated in the Notice of Appeal conform to the
requirements of Section 2-48 of the City Code.
2. That, in reaching its decision to approve the PDP,the Board properly interpreted and
applied the relevant provisions of the City Code and the Land Use Code,but that said
decision should be modified so as to approve the PDP conditioned upon two
additional requirements:
a. That at least one building that is constructed as part of the project described
in the PDP must be LEED certified and that all other buildings in the project
will be built to the same or comparable specifications and at the same
or higher standards as the LEED certified building; and
b. That, to the extent permitted by law, pets will be prohibited in all buildings
that are constructed as part of the project described in the PDP.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th
day of September A.D. 2011.
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