HomeMy WebLinkAbout2012-109-11/20/2012-MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF THE DECISION OF THE PLANNING AND ZON RESOLUTION 2012-109
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE APPEAL OF THE DECISION OF THE PLANNING AND ZONING BOARD
TO APPROVE THE REGENCY LAKEVIEW ADDITION
OF A PERMITTED USE FOR MULTI-FAMILY DWELLINGS AT CHRIST CENTER
COMMUNITY CHURCH AND THE ASSOCIATED PROJECT DEVELOPMENT PLAN
WHEREAS, on July 19, 2012, the Planning and Zoning Board (the "Board") approved the
Regency Lakeview addition of a permitted use for multi-family dwellings at Christ Center
Community Church and the associated Project Development Plan (the "Project"); and
WHEREAS, on August 2, 2012, a Notice of Appeal of the Board's decision was filed with
the City Clerk by Andrew Lewis (the "Appellant"); and
WHEREAS, on November 8, 2012, the City Council, after notice given in accordance with
Chapter 2, Article 11, 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,
overturned the decisions 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 City Code Section 2-56(e), the Council hereby makes the following
findings of fact and conclusions:
I. The grounds for appeal stated in the Appellant's Notice of Appeal conform to
the requirements of Section 2-48 of the City Code.
2. On the issue of the addition of the permitted use, the City Council determined
that the Board did not fail to conduct a fair hearing, but did fail to properly
interpret and apply the Land Use Code in adding the requested permitted use for
multi-family dwellings at the Christ Center Community Church because the
proposed use was not appropriate in the R-L zone district to which it was added
and therefore did not comply with the required finding as contained in Section
1.3.4(A)(1) of the Land Use Code that the use must be appropriate in the zone
district to which it is added.
3. Since the City Council has determined that the decision of the Board in adding
the permitted use should be overturned, the Board's decision approving the
Project Development Plan must also be overturned since the Project
Development Plan was dependant upon the addition of the permitted use.
4. Accordingly, the City Council hereby overturns the decision of the Board that
approved the addition of the permitted use for multi-family dwellings at the
Christ Center Community Church and also overturns the decision of the Board
,that approved the associated Project Development Plan.
Passed and adopted at a regular meeting of the City Council held this 20th day of November,
A.D. 2012.
Mayor P Te
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City Clerk C�.ORpOO
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