HomeMy WebLinkAboutCOLLINSHAUS PUD RESOLUTION 5.15.90 CITY COUNCIL HEARING - 6 90 - REPORTS - APPEAL TO CITY COUNCILIL
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AGENDA ITEM SUMMARY
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ITEM NUMBER: 19
DATE: May 15, 1990
FORT COLLINS CITY COUNCIL
STAFF: Albertson -Clark
SUBJECT:
Resolution 90- 71 Making Findings of Fact Regarding the Appeal of the
Planning and Zoning Board Denial of the Collinshaus PUD, Preliminary and
Final Plan, and Overturning the Decision of the Board.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY:
On April 6, 1990, Steven and Kelley Shreiner filed an appeal of the March
26, 1990, final decision of the Planning and Zoning Board to deny the
Collinshaus PUD, Preliminary and Final Plan. On May 1, 1990, Council voted
7-0 to overturn the final decision of the Planning and Zoning Board. In
order to complete the record regarding this appeal, the Council should
adopt a Resolution making findings of fact and overturning the Planning and
Zoning Board decision.
BACKGROUND:
Kelley and Steven Shreiner filed the appeal based on allegations that:
1. The Planning and Zoning Board committed an abuse of discretion by
making a distinction between "residents" and "live-in" managers.
2. The Planning and Zoning Board failed to properly interpret, apply and
violated Section 13-16 through 13-25 of the Fort Collins City Code,
which is the Human Relations and Anti -Discrimination Ordinance, by
making a distinction between elderly "residents" of the group home and
"live-in" managers.
3. The Planning and Zoning Board misinterpreted and misapplied Section
29-526 and Section 29-162(3) of the Fort Collins City Code, which is
the Land Development Guidance System for Planned Unit Developments and
the provision for pursuing approval for any land use through the PUD
process in the R-L-M Zone, by referencing the Land Development Guidance
System as being a way to "circumvent" the Group Home Ordinance.
4. The Planning and Zoning Board violated and misapplied Section 29-541 of
the Fort Collins City Code, which is the Nonconforming Uses and
Structures Ordinance, by considering the change from "live-in" managers
to "residents" a request of Planned Unit Development significance.
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DATE: May 15, 1990 -2- ITEM NUMBER: 19
At the May 1, 1990 hearing on this matter, Council considered the testimony
of City staff and the appellant. After review and discussion of the record
on appeal, Council determined that the Planning and Zoning Board abused its
discretion by making a distinction between "residents" and "live-in"
managers and that the Board failed to properly interpret and apply Section
29-526 (Land Development Guidance System) and Section 29-162(3) (provision
for pursuing approval for any land use through the PUD process in the R-L-M
Zone) of the Fort Collins City Code. For these reasons, the Council
overturned the decision of the Board.
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RESOLUTION 90-71
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT REGARDING THE
APPEAL OF THE PLANNING AND ZONING BOARD'S
DENIAL OF THE COLLINSHAUS PUD,
PRELIMINARY AND FINAL PLAN,
AND OVERTURNING THE DECISION
OF THE BOARD
WHEREAS, on March 26, 1990, the Planning and Zoning Board, after
notice and hearing, denied the Collinshaus PUD, Preliminary and Final Plan;
and
WHEREAS, on April 6, 1990, Steven and Kelley Shreiner filed a Notice
of Appeal, appealing the aforesaid decision of the Planning and Zoning
Board; and
WHEREAS, on May 1, 1990, the City Council, after notice and hearing in
accordance with Chapter 2, Article II, Division 3 of the City Code,
considered said appeal as filed by Steven and Kelley Shreiner; and
WHEREAS, upon hearing and after full consideration of the record on
appeal as presented to the Planning and Zoning Board, and after hearing
argument thereon, the Council made the following findings of fact:
The grounds for appeal as stated in the notice of appeal of
Steven and Kelley Shreiner conform to the requirements of
Section 2-48 of the City Code.
2. The Land Development Guidance System constitutes a viable
and legal alternative to the group home special review
provisions contained in Section 29-475 of the Code.
3. The Planning and Zoning Board:
a. Abused its discretion and made an arbitrary distinction
between "residents" and "live-in managers" as proposed
in the Collinshaus PUD, Preliminary and Final Plan; and
b. Failed to properly interpret and apply relevant
provisions of the Code and Charter by concluding that
the Collinshaus PUD did not conform to the criteria
contained in the Land Development Guidance System.
3. The Planning and Zoning Board did not fail to properly
interpret and apply the provisions of Chapter 13 of the Code
pertaining to discrimination nor did it fail to properly
interpret and apply the nonconforming use provisions found
at Section 29-541 et seq. of the Code.
4. The use as proposed pursuant to the Collinshaus PUD, •
Preliminary and Final Plan, complies with the All Development
Criteria of the Land Development Guidance System including,
without limitation, the Neighborhood Compatibility
Requirements of the Land Development Guidance System.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the decision of the Planning and Zoning Board of March 26,
1990, denying the Collinshaus PUD, Preliminary and Final Plan, is hereby
overturned, and the Collinshaus PUD, Preliminary and Final Plan, is hereby
approved.
Passed and adopted at a regular meeting of the Council of the City of
Fort Collins held this 15th day of May, A.D. 1990.
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ATTEST:
City Clerk
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