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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/19/2011 - RESOLUTION 2011-035 MAKING FINDINGS OF FACT REGARD DATE: April 19, 2011 STAFF: Ted Shepard • • • Resolution 2011-035 Making Findings of Fact Regarding the Appeal of the Approval of the 431 East Laurel Street Project Development Plan, Modification of Standards of Land Use Code Section 4.8(D)(1) (Minimum Lot Size) and Land Use Code Section 3.22(1<)(1)(a) (Duplex Parking) EXECUTIVE SUMMARY On March 1, 2011, an Amended Notice of Appeal was filed regarding the January 12, 2011 decision of the Hearing Officer to approve, with conditions, the 431 East Laurel Street Replat and Project Development Plan. On March 22, 2011, City Council voted 3—3 on the motion to overturn the decision of the Hearing Officer. Because a majority vote was not achieved,the decision of the Hearing Officer stands. 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 / DISCUSSION The Appellants' Notice of Appeal was based on allegations that the Hearing Officer failed to hold a fair hearing and failed to properly interpret and apply relevant provisions of the Land Use Code. At the March 22, 2011 hearing on the matter, Council considered the testimony of City staff, the appellants and the applicants. In subsequent discussion at this hearing, Council determined that: • The Hearing Officer held a fair hearing. • Relevant laws were properly interpreted and applied. Council voted 3-3 to deny overturning the decision of the Hearing Officer. Because a majority vote was not achieved, the decision of the Hearing Officer stands. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. RESOLUTION 2011-035 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT REGARDING THE APPEAL OF THE APPROVAL OF THE 431 EAST LAUREL STREET PROJECT DEVELOPMENT PLAN, MODIFICATION OF STANDARDS OF LAND USE CODE SECTION 4.8(D)(1) (MINIMUM LOT SIZE) AND LAND USE CODE SECTION 3.22(K)(1)(a) (DUPLEX PARKING) WHEREAS, on January 26, 2011, the Administrative Hearing Officer (the "Decision Maker") approved a Project Development Plan for 431 East Laurel Street (the "Plan") and also approved two modifications of standards relating to the Plan; and WHEREAS, on February 9, 2011, a Notice of Appeal of such decisions of the Decision Maker was filed in the Office of the City Clerk and on February 28, 2011, an Amended Notice of Appeal of such decisions of the Decision Maker was filed in the Office of the City Clerk; and WHEREAS,on March 22,2011,after notice given in accordance with Chapter 2,Article II, Division 3,of the City Code,the City Council considered said appeal,reviewed the record on appeal, and heard presentations by parties in interest to the appeal; and WHEREAS, the record on appeal at the hearing did not include a verbatim transcript of the proceedings before the Decision Maker because of an equipment malfunction during the course of such proceedings, and instead included detailed minutes of the proceedings; and WHEREAS, at the outset of the hearing on the appeal, all parties in interest were given an opportunity to correct such minutes by reciting into the record any evidence or other information that was presented to the Decision Maker and was not previously contained therein; and WHEREAS, after discussion,the City Council determined that the Decision Maker did not fail to conduct a fair hearing in reaching his decision to approve the Plan and the two modifications of standards relating to the Plan; and WHEREAS,a motion to overturn these decisions of the Decision Maker on the grounds that he failed to properly interpret and apply the relevant provisions of the Land Use Code failed to gain support from a majority of the City Council,and,as a result of that tie vote,the approval of the Plan and the granting of the two modifications of standards relating to the Plan remain in full force and effect; 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 sufficient grounds for appeal as stated in the Amended Notice of Appeal conform to the requirements of Section 2-48 of the City Code to allow for the City Council to hear the appeal. 2. That the appeal was timely filed. 3. That the unavailability of a verbatim transcript for the appeal hearing before the City Council did not affect the conduct of the hearing or the adequacy of the record on appeal since both the appellants and opponents of the appeal were afforded an opportunity to supplement the record before the City Council by the addition of any, information that they believe was not contained in the detailed minutes provided to the City Council 4. That the Decision Maker conducted a fair hearing on the Plan and modifications of standards related to the Plan. 5. That, in reaching its decision on the Plan and the related modifications of standards, the Decision Maker properly interpreted and applied the relevant provisions of the Land Use Code, including, but not limited to, those provisions of the Land Use Code pertaining to the granting of modifications of standards. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th day of April, A.D. 2011. Mayor ATTEST: City Clerk