HomeMy WebLinkAbout2018-104-10/16/2018-MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE APPEAL OF THE PLANNING AND ZONING BOARD RESOLUTION 2018-104
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE
APPEAL OF THE PLANNING AND ZONING BOARD'S DECISION APPROVING THE
EXTERNAL STORAGE LOCKERS MINOR AMENDMENT MA180033
WHEREAS,on July 19, 2018, the Planning and Zoning Board (the "Board")reviewed and
approved the External Storage Lockers Minor Amendment MA180033 (the "Amendment") with
one condition of approval that the applicant, the Fort Collins Mennonite Fellowship (the
"Fellowship") install a security camera to monitor activities around the lockers and retain the
camera recordings for seven days; and
WHEREAS, on August 2-, 2018, Laurie Davis and other parties-in-interest (the
"Appellants") filed an appeal (the "Notice of Appeal") of the P&Z approval of the Amendment
with the City Clerk;and
WHEREAS, the Appellants asserted in the Notice of Appeal that the Board failed to
properly interpret and apply Land Use Code Sections 1.2.2, 1.5.1., 2.2.6, 2.2.9, and 2.2.10; and
WHEREAS, on October 9, 2018, the City Council, after notice given in accordance with
Chapter 2, Article II, Division 3, of the City Code, considered the appeal, reviewed the record on
appeal, received new evidence for consideration, and heard presentations from the Appellants and
the opponent of the appeal, the Fellowship; and
WHEREAS, after discussion, the City Council found and concluded based on the evidence
in the record and presented at the October 9, 2018, hearing that the Board properly interpreted and
applied Land Use Code Sections 1.2.2, 1.5.1., 2.2.6, 2.2.9, and 2.2.10; and
WHEREAS, Council finds that Appellants' appeal is without merit in its entirety and is
denied except that,in order to ensure that the Amendment fully complies with the Land Use Code,
the Board's October 9, 2018, is modified to include the following conditions in addition to the
condition the Board imposed:
1. Locker access shall be limited to between the hours of 6 a.m. and 8 p.m. daily.
2. A Fellowship representative must be present at all times during which locker access is
allowed.
3. The Fellowship.shall restrict access to the lockers outside of the times when locker
access is allowed.
WHEREAS, City Code Section 2-55(g)=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.
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NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that, pursuant to Section 2-55(g) of the City Code, the City Council hereby makes and
adopts the following findings of fact and conclusions:
1. That the City Council hereby makes and adopts the determinations and findings contained
in the recitals set forth above.
2. That the grounds for appeal stated in the Notice of Appeal conform to the requirements of
Section 2-48 of the City Code.
3. That based on the evidence in the record and presented at the October 9,2018,City Council
hearing, the Board's July 19, 2018, decision on the Amendment is modified to include the
conditions stated in the recitals set forth above.
4. Except as modified by the City Council, the Appellants' allegation that the Board failed.to
properly interpret and apply the Land Use Code is otherwise without merit and is denied
in its entirety.
5: That adoption of this Resolution shall constitute the final action of the City Council in
accordance with City Code Section 2-55(g).
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th
day of October, A.D. 2018.
Q�
Mayor
ATTEST:
City C rk
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