HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/15/2003 - RESOLUTION 2003-084 MAKING FINDINGS OF FACT AND CO AGENDA ITEM SUMMARY ITEM NUMBER: 17
FORT COLLINS CITY COUNCIL DATE: July 15, 2003FROM
Stephen Olt
SUBJECT:
Resolution 2003-084 Making Findings of Fact and Conclusions Regarding the Appeal of a
Decision of the Administrative Hearing Officer Relating to the Bella Vista Project Development
Plan.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY:
On May 7, 2003, an appeal of the April 24, 2003 decision of the Administrative Hearing Officer
to approve the Bella Vista Project Development Plan was filed by the Appellants Paul Thomas
Kitze, Jeff Emmel, David and Cindy Leary, Shawki Ibrahim, Lynn Carlisle, and Philip and
40 Dorothy White.
On July 1, 2003, the City Council voted to uphold the decision of the Administrative Hearing
Officer. In order to complete the record regarding this appeal, Council should adopt a resolution
making findings of fact and finalizing its decision on the appeal.
BACKGROUND:
The Appellants' notice of appeal was based on the allegations that the Hearing Officer failed to
conduct a fair hearing and made certain errors in interpretation and application of the City's
Land Use Code.
At the July 1, 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 Administrative Hearing Officer did conduct a fair hearing and that the
Hearing Officer did properly receive all relevant evidence offered by the appellants.
City Council determined that the Administrative Hearing Officer conducted a fair hearing and
did not fail to properly interpret the Land Use Code. Accordingly, the Council upheld the
decision of the Administrative Hearing Officer.
• RESOLUTION 2003-084
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 BELLA VISTA PROJECT DEVELOPMENT PLAN
WHEREAS, on April 24, 2003, the City's Administrative Hearing Officer (the "Hearing
Officer") approved the Bella Vista Project Development Plan (the "Project"); and
WHEREAS,on May 7,2003,a Notice of Appeal of the Hearing Officer's decision was filed
with the City Clerk by Paul Thomas Kitze, et al., (the "Appellants"); and
WHEREAS,on July 1,2003,the City Council,after notice given in accordance with Chapter
2, Article 11, 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 Hearing Officer; 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 did not fail to conduct a fair hearing by failing to
receive all relevant evidence offered by the Appellants.
3. That the Hearing Officer did not fail to properly interpret and apply the relevant
provisions of the Code,including,but not limited to,Sections 3.5.1(C)and(G)
and 3.8.17(A)(3),in approving the project.
4. That, for the foregoing reasons, the decision of the Hearing Officer approving
the project is hereby upheld.
•
Passed and adopted at a regular meeting of the City Council held this 15th day of July,A.D.
2003.
Mayor
ATTEST:
City Clerk
2