HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/16/2003 - RESOLUTION 2003-102 MAKING FINDINGS OF FACT AND CO AGENDA ITEM SUMMARY ITEM NUMBER: 19
FORT COLLINS CITY COUNCIL DATE: September 16, 2003
FROM: Troy Jones
SUBJECT:
Resolution 2003-102 Making Findings of Fact and Conclusions Regarding the Appeal of a
Decision of the Administrative Hearing Officer Relating to the Discount Tire at Fossil Creek
Project Development Plan.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY:
On July 24, 2003, a Notice of Appeal was received by the City Clerk's office regarding the
decision of the Administrative Hearing Officer (the "Hearing Officer"). On August 11, 2003, an
amended Notice of Appeal was received by the Clerk's office. In this amended Notice of
Appeal, the Appellant, James Silhasek of Discount Tire Company, alleges that the Hearing
Officer failed to conduct a fair hearing in that he considered evidence relevant to the finding
which was substantially false.
On September 2, 2003, City Council voted 5-1 to remand the matter back to the Hearing Officer
for rehearing.
ACKGROUND:
At the original Type 1 hearing for the Discount Tire at Fossil Creek Project Development Plan,
conducted on July 2, 2003, a representative of Discount Tire Company mistakenly stated that the
normal hours of operation for the proposed Discount Tire Company building would be from 8:30
a.m. to 5:30 p.m., Monday through Saturday,closed on Sundays.
Subsequently, On July 14, 2003, the Hearing Officer approved the Discount Tire at Fossil Creek
Project Development Plan subject to the condition that "the Applicant shall include on the Final
Plan, the hours of operation of 8:30 a.m. to 5:30 p.m. Monday through Saturday."
The Appellant contends that the actual hours of operation for all Discount Tire Company stores,
nationwide, is 8:30 a.m. to 6:00 p.m., Monday through Friday and 8:30 a.m. to 5:00 p.m. on
Saturday.
At the September 2, 2003, hearing on this matter, Council considered the testimony of City staff,
the Appellants, and the Opponents to the Appeal. In subsequent discussion at this hearing,
Council determined that the Hearing Officer, through no fault of his own, did not conduct a fair
DATE: ITEM NUMBER:
hearing in that he considered evidence relevant to the finding which was substantially false,
namely, mistaken evidence presented by the applicant.
In accordance with the procedures for appeals as described in Chapter 2, Article II, Division 3 of
the City Code, City Council decided to remand the matter back to the Hearing Officer for
rehearing.
RESOLUTION 2003-102
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE APPEAL OF A DECISION OF THE ADMINISTRATIVE HEARING OFFICER
RELATING TO THE DISCOUNT TIRE AT FOSSIL CREEK
PROJECT DEVELOPMENT PLAN
WHEREAS, on July 14, 2003, the City's Administrative Hearing Officer (the "Hearing
Officer")approved the Discount Tire at Fossil Creek Project Development Plan(the"Project");and
WHEREAS,on July 24,2003,a Notice of Appeal of the Hearing Officers decision was filed
with the City Clerk by Discount Tire Co., (the "Appellant"); and
WHEREAS, on August 11, 2003, an Amended Notice of Appeal of the decision was filed
with the City Clerk by the Appellant; and
WHEREAS,on September 2,2003,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,
remanded the matter to the Hearing Officer for rehearing; 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 Hearing Officer failed to conduct a fair hearing by considering
evidence relevant to his findings which was substantially false or grossly
misleading.
3. That, for the foregoing reason,the Project is hereby remanded for rehearing.
Passed and adopted at a regular meeting of the City Council held this 16th day of September,
A.D. 2003.
Mayor
ATTEST:
City Clerk