HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/04/2021 - (WITHDRAWN) RESOLUTION 2021-081 MAKING FINDINGS OFAgenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY August 4, 2021
City Council
STAFF
Paul Sizemore, Director, Comm. Devt. & Neighborhood Serv.
Clark Mapes, City Planner
Claire Havelda, Legal
SUBJECT
Resolution 2021-081 Making Findings of Fact and Conclusions of Law Regarding the Appeal of the Planning
and Zoning Commission's Decision (Denying/Approving) the Sam’s Fuel Station Addition of a Permitted Use
and Major Amendment Development Plan.
EXECUTIVE SUMMARY
The purpose of this item is to make findings of fac t and conclusions regarding the appeal of the Planning and
Zoning Commission’s decision to deny the Sam’s Fuel Station Addition of a Permitted Use and Major
Amendment Development Plan. The appeal was heard by Council on August 4, 2021.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
On May 20, 2021, the Planning and Zoning Commission denied the request for Addition of a Permitted Use
(APU) and accordingly denied the request for the Major Amendment development plan to add a fuel station
within the existing parking lot. On June 3, 2021, a Notice of Appeal was filed by legal counsel on behalf of
Sam’s Club. It alleged:
1.the Decision Maker failed to conduct a fair hearing because the Commission:
•Made a determination of negative impact based on evidence/information that is not within the purview
of the Planning and Zoning Commission;
•Considered evidence not germane to the criteria such as macroeconomic forces and individual
business owners’ decisions ; and
•Addressed site plan and other criteria and considerations not relevant to an APU to deny the APU, and
then used the denial of the APU to deny the Major Amendment.
2.the Commission failed to properly interpret and apply relevant provisions of the Land Use Code,
specifically regarding the Land Use Code criteria for APUs, with explanations for each of the criteria.
On August 4, 2021, Council considered the appeal allegations and testimony from parties in interest. Council
found that the Planning and Zoning Commission [DID/ DID NOT] hold a fair hearing on the matter. Further
City Council [UPHOLDS OVERTURNS/REMANDS] the Planning and Zoning Commission’s approval of the
APU AND MAJOR AMENDMENT [WITH A FINDING THAT THE COMMISSION FAILED…] withdrawn
-1-
RESOLUTION NO. 2021-081
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 DENYING THE
SAM’S CLUB FUEL STATION ADDITION OF A PERMITTED USE AND
MAJOR AMENDMENT
WHEREAS, on May 20, 2021, the Planning and Zoning Commission (“Commission”)
conducted a public hearing at which the Commission denied the Sam’s Fuel Station Addition of
a Permitted Use and Major Amendment to the Development Plan; and
WHEREAS, on June 3, 2021, the attorney for Sam’s Club (“Appellant”) filed a notice of
appeal (“Appeal”) of the Commission’s denial; 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 in
that the Commission exceeded its authority or jurisdiction, and considered evidence that was
substantially false or grossly misleading; and
WHEREAS, the Appeal also alleged that the Commission failed to properly interpret and
apply all of the relevant provisions of the Land Use Code, specifically regarding the Land Use
Code criteria for APUs Sections 1.3.4(C)(1)(a-f) and 1.3.4(C)(2); and
WHEREAS, on August 4, 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; and
WHEREAS, after discussion, the City Council found and concluded based on the
evidence in the record and presented at the May 20, 2021, hearing that the Commission
_______________________; and
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.
withdrawn
-2-
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 August 4, 2021, Co uncil
hearing, Council finds that the Commission [provided/did not provide] a fair hearing on
May 20, 2021, because _____________________________.
4. That based on the evidence in the record and presented at the August 4, 2021, City
Council hearing, City Council finds that the allegation that the Commission failed to
properly interpret and apply LUC Section 1.3.4(C) is
[upheld/reversed/modified/remanded] because__________________.
5. That the Commission’s May 20, 2021, denial of the request for an APU and Major
Amendment, is hereby [upheld/reversed/modified/remanded].
6. That based on the evidence in the record and presented at the August 4, 2021, hearing,
the decision of the Commission is [with/without] merit and is
[upheld/reversed/modified/remanded] [in part /in its entirety].
7. That adoption of this Resolution shall constitute the final action of the City Council in
accordance with City Code Section 2-56(c).
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th
day of August A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk withdrawn