HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/01/2015 - RESOLUTION 2015-081 MAKING FINDINGS OF FACT AND COAgenda Item 21
Item # 21 Page 1
AGENDA ITEM SUMMARY September 1, 2015
City Council
STAFF
Seth Lorson, City Planner
Cameron Gloss, Planning Manager
SUBJECT
Resolution 2015-081 Making Findings of Fact and Conclusions of Law Regarding the Appeal of the
Administrative Hearing Officer Marcus McAskin Decision Approving the River Modern Project Development
Plan.
EXECUTIVE SUMMARY
On July 20, 2015, Max D. Oesterle et al. filed a Notice of Appeal on grounds that the Decision Maker failed to
properly interpret and apply certain provisions of the Land Use Code.
On August 18, 2015, City Council voted 7-0 on the motion that the Hearing Officer did not fail to properly
interpret and apply certain provisions of the Land Use Code, specifically Sections 3.4.1(E)(2), 3.5.1(B), (C),
(D), and (E), and added conditions to the project’s approval.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
On June 25, 2015, an Administrative Hearing Officer considered the application for the River Modern Project
Development Plan. The Hearing Officer issued a decision to approve the Project Development Plan with
requested Modifications of Standard subject to conditions.
On July 20, 2015, Max Oesterle et al. filed a Notice of Appeal on grounds that the Decision Maker failed to
properly interpret and apply certain provisions of the Land Use Code. Specifically cited were sections of the
Land Use Code pertaining to the proposed stormwater quality basin in the Spring Creek Buffer (3.4.1(E)(2)),
and the compatibility of the proposed structures within the context of the existing neighborhood (3.5.1).
On August 18, 2015, City Council considered these allegations and testimony from the appellants and
applicants. City Council found that the Hearing Officer did not fail to properly interpret and apply the code by
approving the stormwater quality basin within the Spring Creek buffer as permitted by the Land Use Code. City
Council also found that the Hearing Officer did not fail to properly interpret and apply the code by approving the
structures and deeming them compatible with the existing neighborhood. However, City Council did add
conditions to improve compliance with the privacy considerations of Land Use Code Section 3.5.1(D), to
require, in addition to the conditions required by the Hearing Officer:
1. removal of the high balcony on the west side of building number 1; and
2. that the Applicant, working with staff, enhances the landscaping plan for the Project to increase the
number of columnar trees along the east and west property boundaries by 25% from the number shown in
the Project Development Plan approved by the Hearing Officer.
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RESOLUTION 2015-081
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW
REGARDING THE APPEAL OF THE ADMINISTRATIVE HEARING OFFICER
MARCUS MCASKIN DECISION APPROVING THE RIVER MODERN PROJECT
DEVELOPMENT PLAN
WHEREAS, on July 10, 2015, Administrative Hearing Officer Marcus McAskin (the
“Hearing Officer”) issued a decision approving the River Modern Project Development Plan (the
“Decision”), subject to certain conditions; and
WHEREAS, a Notice of Appeal of the Decision was filed with the City Clerk by Max
Oesterle, Pamela Oesterle, Kendra Bartley, Gerald Bartley and Shen Gruber (referred to
individually as “Appellant” or collectively as “Appellants”); and
WHEREAS, the Appeal alleges that the Hearing Officer failed to properly interpret and
apply certain relevant provisions of the Land Use Code; and
WHEREAS, on August 18, 2015, the City Council, after notice given in accordance with
Chapter 2, Article II, Division 3, of the City Code, considered the Appeal, reviewed the record
on appeal, and heard presentations from the Appellants and other parties-in-interest (the
“Council Hearing”); and
WHEREAS, after discussion, the City Council found and concluded based on the
evidence in the record and presented at the hearing that: (1) the Hearing Officer did not fail to
properly interpret and apply the Land Use Code or City Code; (2) the Decision should be
modified by the addition of two conditions requiring the Applicant to remove a balcony on the
west side of Building No. 1 and to work with City staff to enhance the landscaping by increasing
the number of trees to be planted; and (3) except as to the addition of two conditions as stated,
the Appeal is without merit and is denied; and
WHEREAS, City Code Section 2-55(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 2-55(g) of the City Code, the City Council hereby
makes and adopts the following findings of fact and conclusions:
1. That the grounds for appeal as stated in the Appellants’ Notice of Appeal conform
to the requirements of Section 2-48 of the City Code.
2. That based on the evidence in the record and presented at the Council Hearing,
the recitals set forth above are adopted as findings of fact.
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3. That based on the evidence in the record and presented at the Council Hearing the
Decision is hereby modified by the addition of the following conditions:
a. In order to improve compliance with the privacy considerations of Land
Use Code Section 3.5.1(D), the River Modern Project Development Plan
shall be required to remove the high balcony on the west side of Building
No. 1; and
b. For the same reason of privacy considerations, the Applicant shall work
with City staff to enhance the landscape plan for the project to increase the
number of columnar trees along the east and west property boundaries by
25% from the number shown in the Project Development Plan approved
by the Hearing Officer.
4. That the relevant sections of the City Code and Land Use Code were properly
interpreted and applied by the Hearing Officer and that, except as modified in this Resolution,
the Appeal is found to be without merit and is denied.
5. That adoption of this Resolution shall constitute the final action of the City
Council in accordance with city Code Section 2-55(g).
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 1st
day of September, A.D. 2015.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk