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HomeMy WebLinkAboutMODIFICATION OF STANDARD - OLDE TOWN NORTH - 28-99 - REPORTS - CITY COUNCIL3. That the City Council hereby modifies that condition of approval to read as follows: The applicant shall submit an application within one year of the approval of this modification in accordance with Section 2.8.1 of the Land Use Code. This modification shall only be valid for a period of five (5) years following such submittal during which time the applicant must obtain final approval of all Project Development Plans for the entire property. One extension of this modification may be granted by the Director not to exceed one year in length. This modification shall only be valid if the project qualifies as an affordable housing project as defined in the Land Use Code, except that the percentage of dwelling units required to be "affordable housing units" is changed from ten (10) percent to twenty five (25) percent. Passed and adopted at a regular meeting of the City Council held this 18th day of January, A.D. 2000. Mayor ATTEST: City Clerk RESOLUTION 2000-20 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 OLDE TOWN NORTH MODIFICATION REQUEST WHEREAS, on November 4, 1999, the City Planning and Zoning Board (the "Board") conditionally approved a modification request regarding a modification of the standard contained in Section 4.15(D)(1) of the Land Use Code (which standard requires that single family housing shall be limited to a maximum of forty (40) percent of the geographically distinct zone district area) for the proposed Olde Town North Subdivision; and WHEREAS, the Board approved the modification of the standard on the condition that a minimum of 50% of the residential units in any proposed development plan meet the City's definition of affordable housing; and WHEREAS, on November 18, 1999, a Notice of Appeal of the Board's decision was filed with the City Clerk by Monica Sweere (the "Appellant"); and WHEREAS, on January 11, 2000, the City Council, after notice given in accordance with Chapter 2, Article H, 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, decided to modify the condition. of approval to require that 25% of the residential units in any development plan meet the City's definition of affordable housing; 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: 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 failed to properly interpret and apply the relevant provisions of the City Code and Charter, specifically the provisions of the City's Land Use Code, by conditioning its approval of the above -referenced modification request on the condition that a minimum of 50% of the residential units in any proposed development plan meet the City's definition of affordable housing. DATE: January 18, 2000 2 I OM NUMBER: 31 The City requires that no later than the next regular Council meeting, the City Council adopt a resolution making findings of fact with regard to the appeal. This resolution would finalize the appeal for the purposes of any judicial review of the City's decision regarding the conditional approval of the modification request. AGENDA ITEM SUMMARY ITEM NUMBER: 31DATE: January 18, 2000 FORT COLLINS CITY COUNCIL STAFF: Bob Blanchard SUBJECT: Resolution 2000-20 Making Findings of Fact and Conclusions Regarding the Appeal of a Decision of the Planning and Zoning Board Relating to the Olde Town North Modification Request. RECOMMENDATION: Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY: On November, 18, 1999, an appeal of the November 4, 1999 decision of the Planning and Zoning Board to conditionally approve a modification of standard to Section 4.15(D)(1) of the Land Use Code (the CCN-Community Commercial North College District) was filed by Monica Sweere. The condition of the modification that was appealed required that a minimum of 50% of the residential units in any proposed development plan meet the City's definition of affordable housing. After hearing the appeal on January 11, 2000, the City Council modified the condition of approval with a 4-2 vote. The modified condition is that 25% of the residential units in any proposed development plan meet the City's definition of affordable housing. In order to complete the record regarding this appeal, the Council should adopt a resolution making findings of fact and finalizing the appeal. IBACKGROUND: The appeal was based on Section 2-48 (b)(1) of the Municipal Code: Failure to properly interpret and apply relevant provisions of the Code and Charter. The hearing on the appeal was held on January 11, 2000. At the hearing, the City Council considered testimony of City staff and the appellant with regard to the conditional approval of the modification request. After discussion, the Council passed a motion to amend the conditional approval of the Planning and Zoning Board to change the condition of approval from a requirement that 50% of all residential units in a proposed Project Development Plan meet the City's definition of affordable housing to a requirement that 25% of all residential units in a proposed Project Development Plan meet the City's definition of affordable housing.