HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/06/2009 - RESOLUTION 2009-001 MAKING FINDINGS OF FACT AND CO ITEM NUMBER: 14
AGENDA ITEM SUMMARY DATE: January 6, 2009
FORT COLLINS CITY COUNCIL STAFF: Jim Hibbard
Bob Smith
Marsha Hilmes-Robinson
SUBJECT
Resolution 2009-001 Making Findings of Fact and Conclusions Pertaining to the Appeal of the
Water Board's August 28,2008 Denial of the Floodplain Variance for a School in the Poudre River
500-year Floodplain.
RECOMMENDATION
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY
On September 30,2008,an amended Notice of Appeal was filed seeking to overtum the August 28,
2008 decision of the Water Board denying a floodplain variance for a school in the Poudre River
500-year floodplain at 720-750 East Vine Drive.
On December 16, 2008, City Council voted to uphold the decision of the Water Board. In order to
complete the record regarding this appeal, the Council should adopt a Resolution making findings
of fact and finalizing its decision on the appeal.
BACKGROUND
The Appellant's amended notice of appeal was based on the allegations that:
• The Water Board failed to conduct a fair hearing in that evidence presented by staff was
substantially false and grossly misleading.
• The Water Board failed to properly interpret and apply relevant portions of the City Code
as set forth in Section 2-48(b)(1).
At the December 16,2008 hearing on this matter,Council considered the testimony of City staff and
the Appellant. In subsequent discussion at this hearing, Council determined that the Water Board
did hold a fair hearing and properly interpreted and applied relevant portions of the City Code.
Therefore, the City Council voted to uphold the decision of the Water Board. Adoption of this
Resolution will finalize Council's decision on the appeal.
RESOLUTION 2009-001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO
THE APPEAL OF THE WATER BOARD'S AUGUST 28, 2008,
DENIAL OF THE FLOODPLAIN VARIANCE FOR A SCHOOL IN THE
POUDRE RIVER 500-YEAR FLOODPLAIN
WHEREAS, on August 28,2008,the City's Water Board(the"Board")denied a floodplain
variance for the Nature School at 720-750 East Vine Drive, as a critical facility in the Poudre River
500-year floodplain(the "Variance"); and
WHEREAS, on September 10, 2008, a Notice of Appeal of the Board's decision was filed
with the City Clerk by representatives of the applicant for the Variance (the "Appellants"); and
WHEREAS,on September 30,2008,an Amended Notice of Appeal of the Board's decision
was filed with the City Clerk by the Appellants; and
WHEREAS,on December 16,2008,the City Council,after notice given in accordance with
Chapter 2, Article II, Division 3, of the City Code, considered said appeal, reviewed the record on
appeal,heard presentations from the Appellants and other parties-in-interest and, after discussion,
upheld the decision of the Board, 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 Section 2-56(e) of the City Code, the Council hereby makes the
following findings of fact and conclusions:
1. That the grounds for appeal as stated in the Appellants' Amended Notice of
Appeal conform to the requirements of Section 2-48 of the City Code.
2. That the Water Board held a fair hearing and did not fail to receive all
relevant evidence that was offered by the Appellants, nor did it consider
evidence relevant to its findings which was substantially false or grossly
misleading.
3. That the Water Board did not fail to properly interpret and apply the
provisions of the City Code in denying the Variance.
4. That the August 28, 2008 decision of the Water Board denying the variance
is hereby upheld by the City Council.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th
day of January, A.D. 2009.
Mayor
ATTEST:
City Clerk