HomeMy WebLinkAbout2001-047-04/08/2001-MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF A DECISION OF THE PLANNING AND ZONIN RESOLUTION 2001-47
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE APPEAL OF A DECISION OF THE PLANNING AND ZONING BOARD
RELATING TO THE PROVINCETOWNE PUD, FILING TWO - FINAL
WHEREAS, on January 18, 2001, the City Planning and Zoning Board (the 'Board") conditionally
approved the Provincetowne PUD, Filing Two-Final Plan; and
WHEREAS,on January 30,2001, a Notice of Appeal of the Board's decision was filed with the City
Clerk by David G. Evans and Doug Sparks, and an Amended Notice of Appeal was filed with the City Clerk
by David G. Evans, Doug Sparks and Mark Menke(the "Appellants")on February 20, 2001 (the"Amended
Notice of Appeal"); and
WHEREAS,on March 6 and 20,2001,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, decided to uphold the
decision of the Planning and Zoning 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:
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 did not fail to conduct a fair hearing and did not exceed its authority or
jurisdiction as contained in the Code and Charter and did not consider evidence relevant
to its findings which was substantially false or grossly misleading.
3. That the Board did not fail to properly interpret and apply relevant provisions of the Code
and Charter.
4. That the "Jurisdictional Objections" that were raised in the Amended Notice of Appeal
have been previously addressed by the Council and were found to be without merit and
that, to the extent that they were intended to constitute additional grounds for appeal in
the Amended Notice of Appeal, the Council continues to find such "Jurisdictional
Objections" are without merit.
5. That the Board complied with all Code and procedural due process requirements in the
provision of notice for its hearings of December 7, 2000, and January 18, 2001.
6. That the Board complied with Land Development Guidance System Section 29-526(J)(4)
in conditionally approving the Provincetowne PUD,Filing Two-Final Plan upon receipt
of the Affordable Housing Covenants,and upon testimony from the Deputy City Attorney
that such covenants had been approved as to legal form and effect and would, prior to
execution of the development agreement, be executed by the applicant. The aforesaid
section of the Land Development Guidance System does not require that the Affordable
Housing Covenants be executed prior to approval of the plan, but only requires that the
documents be submitted to and approved by the City. The documents were submitted,
and upon receipt of assurances that they would be executed and that they were in proper
legal form, the Board approved them.
7. That the Board acted properly in approving the Provincetowne PUD,Filing Two-Final
Plan upon the condition that the development agreement,final utility plans and final PUD
plans be negotiated between the developer and City staff and executed by the date
specified in the motion of the Board. Said conditional approval required that all final
PUD plans, including, by implication, a plan providing for the permanent care and
maintenance of open spaces, recreational areas and communally owned facilities be
provided in accordance with Section 29-526(J)(1) of the Land Development Guidance
System. The Board is granted specific authority to conditionally approve plans under the
provisions of Section 29-526(F)(5)(d).
8. That the Board acted properly and in accordance with the City Code in its granting of a
variance regarding the affordability requirements for those dwelling units in the proposed
development that are to be set aside for affordable housing, and that the granting of the
variance did not take the Final Plan out of substantial compliance with the Preliminary
Plan since the physical characteristics of the Final Plan remained exactly the same as the
Preliminary Plan and the only change that resulted from the granting of the variance is the
income demographic of the occupants of the affordable housing units.
9. That the Council hereby upholds the decision of the Board conditionally approving the
Provincetowne PUD,Filing Two-Final Plan, including the variance which was granted
by the Board.
Passed and adopted at a regular meeting of the City Council held this 9th day of April, A.D. 2001.
Mayor _
ATTEST:
OwDa'v
e
City Clerk