HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/20/2007 - RESOLUTION 2007-100 MAKING FINDINGS OF FACT AND CO ITEM NUMBER: 16
AGENDA ITEM SUMMARY DATE: November20, 2007
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
Resolution 2007-100 Making Findings of Fact and Conclusions Pertaining to the Appeal by
Representatives of the University Acres Neighborhood of the September 20, 2007, Determination
of the Planning and Zoning Board to Approve with Conditions the Poudre Valley Hospital Parking
Structure and Medical Office Building Project Development Plan.
RECOMMENDATION
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY
On October 24, 2007, an Amended Notice of Appeal was filed regarding the September 20, 2007
decision of the Planning and Zoning Board to approve,with conditions,the Poudre Valley Hospital
Parking Garage and Medical Office Building Project Development Plan.
On November 6, 2007, City Council voted 5—2 to uphold the decision of the Planning and Zoning
Board. 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 allegations that the Planning and Zoning Board
failed to hold a fair hearing and failed to properly interpret and apply relevant provisions of the Land
Use Code.
At the November 6,2007 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 Planning and Zoning Board held a fair hearing and considered evidence that was not
false or grossly misleading, and properly received all relevant evidence.
• Relevant laws were properly interpreted and applied.
Council voted 5 —2 to uphold the decision of the Planning and Zoning Board.
RESOLUTION 2007-100
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO
THE APPEAL BY REPRESENTATIVES OF THE UNIVERSITY ACRES
NEIGHBORHOOD OF THE SEPTEMBER 20, 2007, DETERMINATION
OF THE PLANNING AND ZONING BOARD TO APPROVE WITH CONDITIONS
THE POUDRE VALLEY HOSPITAL PARKING STRUCTURE AND MEDICAL
OFFICE BUILDING PROJECT DEVELOPMENT PLAN
WHEREAS, on September 20, 2007, the City's Planning and Zoning Board (the"Board")
approved the Poudre Valley Hospital Parking Structure and Medical Office Building PDP #14-07
(the "Plan"); and
WHEREAS,on October 4,2007, a Notice of Appeal of the Board's decision was filed with
the City Clerk by neighbors of the Plan (the "Appellants"); and
WHEREAS, on October 24, 2007, an Amended Notice of Appeal of the Board's decision
was filed with the City Clerk by the Appellants; and
WHEREAS, on November 6, 2007,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 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 Planning and Zoning 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 Planning and Zoning Board did not fail to properly interpret and
apply the provisions of the Land Use Code in approving the Plan.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th
day of November, A.D. 2007.
Mayor
ATTEST:
City Clerk