HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/21/2012 - RESOLUTION 2012-073 MAKING FINDINGS OF FACT AND REDATE: August 21, 2012
STAFF: Ted Shepard
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 25
SUBJECT
Resolution 2012-073 Making Findings of Fact and Related Determinations Regarding Appeals of the May 7, 2012,
Administrative Hearing Officer Approval of The District at Campus West Project Development Plan.
EXECUTIVE SUMMARY
On May 7, 2012, the City of Fort Collins Hearing Officer issued a written decision approving The District at Campus
West P.D.P. with one condition ensuring proper vacation of public streets. On May 21, 2012, Zeta Tau Alpha Fraternity
Housing Corporation and Robert M. Meyer each filed a Notice of Appeal and on May 29, 2012, each Appellant filed
an Amended Notice of Appeal both alleging that the Hearing Officer failed to properly interpret and apply the Land Use
Code.
On July 17, 2012, City Council voted unanimously to modify the Hearing Officer’s decision by requiring the following:
1. All three residential buildings must achieve a L.E.E.D. Silver designation,
2. The north side of Building Three must be reduced in height from five to four stories and feature a pitched roof
similar to the roof shown in the approved PDP for Building One, and
3. Along the entire north property line, all new trees must meet or exceed the minimum size requirements as
specified in Section 3.2.1(F)(1).
In order finalize this appeal process, Council is required to adopt a Resolution making findings of fact and finalizing
its decision on the Appeal.
BACKGROUND / DISCUSSION
The Appellants’ Notices of Appeal were based on allegations that the Hearing Officer failed to properly interpret and
apply relevant provisions of the Land Use Code.
At the July 17, 2012 hearing on the matter, Council considered the testimony of City staff, the appellants and the
applicants. After consideration of the record and discussion, Council determined that the Hearing Officer failed to
properly interpret Section 3.5.1(G)(1)(a)(2). This section contains standards relating the impact of light and shadow
of buildings over 40 feet in height on adjacent property. Accordingly, City Council then offered a motion that would
modify the Hearing Officer’s decision by adding the three aforementioned requirements. City Council voted 7 – 0 to
approve the motion thus modifying the decision of the Hearing Officer.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
RESOLUTION 2012-073
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND RELATED DETERMINATIONS
REGARDING APPEALS OF THE MAY 7, 2012, ADMINISTRATIVE HEARING OFFICER
APPROVAL OF THE DISTRICT AT CAMPUS WEST PROJECT DEVELOPMENT PLAN
WHEREAS, on May 7, 2012, Administrative Hearing Officer Richard Lopez (the “Hearing
Officer”) approved the Project Development Plan for The District at Campus West (the “PDP”); and
WHEREAS, on May 19, 2012, a Notice of Appeal of the decision of the Hearing Officer was
filed in the Office of the City Clerk by Robert M. Meyer (“Meyer”); and
WHEREAS, on May 21, 2012, another Notice of Appeal of said decision was filed in the
Office of the City Clerk by representatives of Zeta Tau Alpha Fraternity Housing Corporation (“Zeta
Tau Alpha”); and
WHEREAS, on May 29, 2012, Meyer filed an Amended Notice of Appeal; and
WHEREAS, the Zeta Tau Alpha Notice of Appeal alleged that the Hearing Officer, in his
approval of the PDP, failed to properly interpret and apply Land Use Code Sections 3.2.3(A) and
3.5.1; and
WHEREAS, the Meyer Amended Notice of Appeal alleged that the Hearing Officer, in his
approval of the PDP, failed to properly interpret and apply Land Use Code Sections 3.2.3(D) and
3.5.1(B), (C), (D), and (G); and
WHEREAS, on July 17, 2012, after notice given in accordance with Chapter 2, Article II,
Division 3, of the City Code, the City Council considered the appeals of Zeta Tau Alpha and Meyer
(together, referred to as the “Appeals”), reviewed the record of the Hearing Officer’s decision, heard
presentations by parties in interest to the Appeals, and, after discussion, found that the Hearing
Officer had erred and modified the decision of the Hearing Officer so as to approve the PDP subject
to three additional PDP conditions; and
WHEREAS, City Code Section 2-56(e) provides that no later than the date of its next regular
meeting after the hearing on an appeal, the 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 City Council hereby makes the
following findings of fact and conclusions:
1. That the grounds for appeal as stated in the Notices of Appeal conform to the
requirements of Section 2-48 of the City Code.
2. That, in reaching his decision to approve the PDP, the Hearing Officer properly
interpreted and applied the Land Use Code except with respect to Land Use Code
Section 3.5.1(G)(1)(a)(2), which he failed to properly interpret and apply.
4. That, upon a review of the evidence in the record of the Hearing Officer’s decision,
and the arguments presented at the hearing on the Appeals, the City Council hereby
finds that the PDP meets the requirements of Land Use Code Section
3.5.1(G)(1)(a)(2), provided that additional conditions are imposed to reduce the
adverse light and shadow impacts from the buildings to be constructed.
5. That, in order to mitigate impacts and reduce the adverse light and shadow impacts
from the buildings to be constructed, the approval of the PDP is hereby conditioned
upon the following additional conditions:
a. That each of the three (3) residential buildings comprising the PDP must be
certified at the Silver level using the Leadership in Energy and
Environmental Design (“LEED”) for Homes 2008 rating system (“LEED
Silver”).
b. That the north side of Building Three, as designated in the PDP, must be
reduced in height from five (5) to four (4) stories and that the fourth story
must feature a pitched roof, so as to reduce the building height at the
perimeter of the PDP site in the same manner and to the same extent as
shown for Building One on the approved PDP plans.
c. That all new trees along the north perimeter of the PDP must meet or exceed
the minimum size specifications described in Land Use Code Section
3.2.1(F)(1).
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st
day of August, A.D. 2012.
Mayor Pro Tem
ATTEST:
City Clerk