HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/04/2012 - RESOLUTION 2012-085 MAKING FINDINGS OF FACT AND REDATE: September 4, 2012
STAFF: Lindsay Ex
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 31
SUBJECT
Resolution 2012-085 Making Findings of Fact and Related Determinations Regarding the Appeal of the June 25, 2012
Administrative Hearing Officer Approval of the Legacy Senior Residences Project Development Plan.
EXECUTIVE SUMMARY
On June 25, 2012, the City of Fort Collins Hearing Officer issued a written decision approving the Legacy Senior
Residences Project Development Plan with three Modifications of Standard. On July 9, Save the Poudre filed a Notice
of Appeal, alleging the Hearing Officer failed to properly interpret and apply the Land Use Code and considered
evidence relevant to its findings that was substantially false and grossly misleading.
On August 21, 2012, City Council voted 4-2 (Nays: Ohlson, Poppaw) that the Hearing Officer conducted a fair hearing
and upheld the Hearing Officer’s decision approving the Project Development Plan and the three Modifications of
Standard.
In order to 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 Appellant’s Notice of Appeal was based on allegations that the Hearing Officer failed to properly interpret and
apply the Land Use Code and considered evidence relevant to its findings that was substantially false and grossly
misleading.
At the August 21, 2012 hearing on the matter, Council considered the testimony of the appellant, the applicants, and
City staff. After consideration of the record and discussion, City Council voted 4-2, determining that the Hearing Officer
conducted a fair hearing and that the Land Use Code was properly interpreted and applied in regards to the
Modification to Section 4.17(D)(3)(c)(4) of the Land Use Code and the Project Development Plan. Accordingly, the
Council upheld the decision of the Hearing Officer on June 25 and approved the Legacy Senior Residences Project
Development Plan with three Modifications of Standard.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
RESOLUTION 2012-085
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND RELATED DETERMINATIONS
REGARDING THE APPEAL OF THE JUNE 25, 2012 ADMINISTRATIVE
HEARING OFFICER APPROVAL OF THE
LEGACY SENIOR RESIDENCES PROJECT DEVELOPMENT PLAN
WHEREAS, on June 25, 2012, the City's Administrative Hearing Officer (the "Hearing
Officer") approved three modifications of standard and a project development plan for the project
known as Legacy Senior Residences (the "PDP"); and
WHEREAS, on July 9, 2012, a Notice of Appeal of the Hearing Officer's decision was filed
with the City Clerk by Gary Wockner/Save the Poudre: Poudre Waterkeeper (the "Appellant"); and
WHEREAS, on July 27, 2012, the Appellant filed an Amended Notice of Appeal of the
Hearing Officer's decision with the City Clerk; and
WHEREAS, the appeal involved one of the modifications of standards as well as the PDP;
and
WHEREAS, on August 21, 2012, 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 Appellant and other parties-in-interest and, after discussion,
upheld the decision of the Hearing Officer; and
WHEREAS, City Code Section 2-57(g) provides that no later than the date of its 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 2-57(g) 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 Appellant's Amended Notice of
Appeal conform to the requirements of Section 2-48 of the City Code.
2. That the Hearing Officer held a fair hearing and did not consider any
evidence relevant to his findings which was substantially false or grossly
misleading.
3. That the Hearing Officer did not fail to properly interpret and apply the
provisions of the Land Use Code in granting the modification of standard
which was the subject of the appeal.
4. That the Hearing Officer did not fail to properly interpret and apply the
provisions of the Land Use Code in approving the PDP.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th
day of September, A.D. 2012.
Mayor
ATTEST:
City Clerk