The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 06/15/2021 - RESOLUTION 2021-071 MAKING FINDINGS OF FACT AND CO Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY June 15, 2021 City Council STAFF Pete Wray, Senior City Planner Paul Sizemore, Interim Director, Comm. Devt. & Neighborhood Serv. Brad Yatabe, Legal SUBJECT Resolution 2021-071 Making Findings of Fact and Conclusions of Law Regarding the Appeal of the Planning and Zoning Commission Decision Approving the Guardian Self-Storage Project Development Plan PDP190020. EXECUTIVE SUMMARY The purpose of this item is to make findings of fact and conclusions regarding the appeal of the Planning and Zoning Commission decision to approve the Guardian Self-Storage Project Development Plan. The appeal was heard by Council on June 1, 2021. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION On March 11, 2021, the Planning and Zoning Commission issued a decision to approve the Guardian Self - Storage Project Development Plan (PDP). On March 25, 2021, a Notice of Appeal was filed by the adjacent commercial property owner with the following allegations: 1. The Planning and Zoning Commission failed to conduct a fair hearing in that the Commission substantially ignored its previously established rules of procedure when the Commission ignored the South College Corridor Plan (Plan) when it approved the PDP instead of amending the Plan. 2. The Planning and Zoning Commission failed to properly interpret and apply Plan Policy LU -1.4 regarding storage unit uses located away from the South College frontage when the Commission approved the PDP with the enclosed mini-storage building located near College Avenue. 3. The Planning and Zoning Commission failed to properly interpret and apply LUC Section 3.10.2(A) regarding enclosed mini-storage uses prohibited on the ground floor when the Commission approved the PDP with a Modification of Standards permitting enclosed mini-storage on the ground floor of the proposed building that included storage uses at all levels. On June 1, 2021, Council considered the appeal allegations, the record on appeal and information pr esented at the hearing, and testimony from parties in interest. After discussing the appeal allegations, Council denied the appeal finding the Planning and Zoning Commission did conduct a fair hearing and properly interpreted Plan Policy LU-1.4 and Land Use Code Section 3.10.2 (A). -1- RESOLUTION NO. 2021-071 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 COMMISSION DECISION APPROVING THE GUARDIAN SELF-STORAGE PROJECT DEVELOPMENT PLAN PDP190020 WHEREAS, on March 11, 2021, the Planning and Zoning Commission (“Commission”) conducted a public hearing at which the Commission approved the Guardian Self-Storage Project Development Plan PDP190020 (“PDP190020”), including two modifications of standards and two conditions of approval; and WHEREAS, on March 25, 2021, the attorney for OSF Investments, LLC, (“Appellant”) filed a notice of appeal (“Appeal”) of the Commission’s approval of PDP190020; and WHEREAS, pursuant to City Code Section 2-49, the Appeal was timely filed and the Appellant is a party-in-interest eligible to file an appeal; and WHEREAS, the Appeal alleged that the Commission failed to conduct a fair hearing because it substantially ignored its previously established rules of procedure wh en it disregarded the South College Corridor Plan instead of amending it; and WHEREAS, the Appeal also alleged that the Commission failed to properly interpret and apply South College Corridor Plan Policy LU 1.4 and Land Use Code Section 3.10.2(A); and WHEREAS, on June 1, 2021, the City Council, after notice given in accordance with City Code Section 2-52, held a public hearing pursuant to City Code Section 2-54 to consider the allegations raised in the Appeal at which hearing the City Council considered the record on appeal, additional evidence provided at the hearing and received during the site inspection, and testimony from City staff, the Appellant’s representatives, and additional parties-in-interest Rich Stave and Sandra Holt in support of the Appeal, and the applicant for PDP190020 and its representatives opposing the Appeal; and WHEREAS, after discussion, the City Council found and concluded based on the evidence in the record and presented at the June 1, 2021, hearing that the Commission did not fail to conduct a fair hearing because amending the South College Corridor Plan or any other policy plan is not an established Commission rule of procedure; and WHEREAS, the City Council further found and concluded based on the evidence in the record and presented at the June 1, 2021, hearing that the Commission properly interpreted and applied South College Corridor Plan Policy LU 1.4 because LU 1.4 is not a provision of City Code, Land Use Code, or the Charter subject to appeal as a failure to interpret and apply, and that it was within the Commission’s power to grant a modification of standard to Land Use Code Section 3.10.2(A); and -2- WHEREAS, City Code Section 2-56(c) 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 such appeal. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that, pursuant to Section 2-56(c) 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 fair hearing allegation and the allegation that the Commission failed to properly interpret and apply Land Use Code Section 3.10.2(A) stated in the 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 June 1, 2021, Council hearing, Council finds that the Commission provided a fair hearing on March 25, 2021, because amending the South College Corridor Plan or any other policy plan is not an established Commission rule of procedure, and the allegation is denied. 4. That based on the evidence in the record and presented at the June 1, 2021, City Council hearing, City Council finds that the allegation that the Commission failed to properly interpret and apply the South College Corridor Plan Policy LU 1.4 stated in the Appeal does not conform to the requirements of Section 2-48(b)(1) of the City Code because LU 1.4 is not a provision of the Code and Charter, and the allegation is denied. 5. That based on the evidence in the record and presented at the June 1, 2021, Council hearing, Council finds that the Commission properly interpreted and applied Land Use Code Section 3.10.2(A) as being subject to the Land Use Code modification of standards procedure set forth in Land Use Code Division 2.8, and the allegation is denied. 6. That the Commission’s March 11, 2021, approval of PDP190020, including two modifications of standards and two conditions of approval, is hereby upheld. 7. That based on the evidence in the record and presented at the June 1, 2021, hearing, the Appeal is without merit and is denied in its entirety. 8. That adoption of this Resolution shall constitute the final action of the City Council in accordance with City Code Section 2-56(c). -3- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of June A.D. 2021. __________________________________ Mayor ATTEST: _____________________________ City Clerk