HomeMy WebLinkAbout2013-054-06/18/2013-MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF THE APRIL 18, 2013 PLANNING AND ZONI RESOLUTION 2013-054
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS
REGARDING THE APPEAL OF THE APRIL 18, 2013
PLANNING AND ZONING BOARD APPROVAL OF THE
MAX FLATS PROJECT DEVELOPMENT PLAN
WHEREAS, on April 18, 2013, the Planning and Zoning Board (the "Board") approved a
project development plan for the project known as the Max Flats Project Development Plan (the
"Plan"); and
WHEREAS, on May 2, 2013, a Notice of Appeal of the Board's decision was filed with the
City Clerk by Bruce Froseth and Susan Kreul-Froseth(the "Appellants"); and
WHEREAS,on June 4,2013,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,upheld the
decision of the Board with four modifications; and
WHEREAS, City Code Section 2-57(g) provides that no later than the date of its 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 2-57(g) of the City Code, the City 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 conducted a fair hearing in approving the Plan.
3. That the Board properly interpreted and applied the Land Use Code in approving the
Plan, but that, based upon information presented to the City Council on appeal, the
City Council has determined that the decision of the Board should be modified by the
addition of the following conditions of approval:
a. Five trees must be planted along the west side boundary of the property.
b. Juliet balconies must be installed along the west side of the building as shown
on the elevation presented to the City Council on appeal.
C. Tower elements must be added to the building as shown on the elevation
presented to the City Council on appeal.
d. The quality of all materials cladding the building must be consistent with the
quality of the materials approved for the elevation of the building that faces
Mason Street.
Passed and adopted at a regular meeting of the Council of the City of Port Collins this 18th
day of June, A.D. 2013.
Mayor Pro tem
ATTEST:
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City Clerk
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