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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/20/2018 - RESOLUTION 2018-018 MAKING FINDINGS OF FACT AND COAgenda Item 20 Item # 20 Page 1 AGENDA ITEM SUMMARY February 20, 2018 City Council STAFF Jason Holland, City Planner Brad Yatabe, Legal SUBJECT Resolution 2018-018 Making Findings of Fact and Conclusions of Law Regarding the Appeal of the Planning and Zoning Board’s Decision Approving the Union on Elizabeth Project Development Plan/Final Plan PDP/FDP170024. EXECUTIVE SUMMARY The purpose of this item is to make Findings of Fact and Conclusions regarding the appeal (“Appeal”) of the Planning and Zoning Board’s Decision Approving the Union on Elizabeth Project Development Plan/Final Plan PDP/FDP170024. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION On December 14, 2017, the Planning and Zoning Board considered the application for the Union on Elizabeth Project Development Plan/Final Plan PDP/FDP170024 at a Type II Hearing and rendered a decision to approve PDP/FDP170024. On December 28, 2017, the appellant, Rory Heath, filed a Notice of Appeal with six assertions regarding the Planning and Zoning Board’s decision as follows: I. Failure to conduct a fair hearing, in that: A. The Board exceeded its authority or jurisdiction as contained in the Code or Charter; B. The Board substantially ignored its previously established rules of procedure; C. The Board considered evidence that was substantially false or grossly misleading; D. The Board failed to receive all relevant evidence offered by the appellant; and E. The Board was biased against the appellant by reason of a conflict of interest or other close business, personal or social relationship that interfered with the decision maker’s independence of judgment. II. Failure to properly interpret and apply relevant provisions of the Land Use Code. On February 13, 2018, City Council considered the record on appeal and testimony from the appellant, applicant, and City staff. The City Council determined that the appeal was without merit, denied the appeal in its entirety and upheld the Planning and Zoning Board’s decision approving PDP/FDP170024. -1- RESOLUTION 2018-018 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE APPEAL OF THE PLANNING AND ZONING BOARD’S DECISION APPROVING THE UNION ON ELIZABETH PROJECT DEVELOPMENT PLAN/FINAL PLAN PDP/FDP170024 WHEREAS, on December 14, 2017, the Planning and Zoning Board (the “Board”) reviewed and approved the Union on Elizabeth Project Development Plan/Final Plan PDP/FDP170024 (the “PDP/FDP”); and WHEREAS, on December 28, 2017, Rory Heath (the “Appellant”) filed an appeal (the “Notice of Appeal”) of the P&Z approval of the PDP/FDP with the City Clerk; and WHEREAS, the Notice of Appeal asserted that the Board failed to conduct a fair hearing, alleging that it: (1) exceeded its authority or jurisdiction as contained in the Code or Charter; (2) substantially ignored its previously established rules of procedure; (3) considered evidence relevant to its findings which was substantially false or grossly misleading; (4) improperly failed to receive all relevant evidence offered by the Appellant; and (5) was biased against the Appellant by reason of a conflict of interest or other close business, personal or social relationship that interfered with the Board’s independence of judgment; and WHEREAS, the Notice of Appeal also asserted that the Board failed to properly interpret and apply Land Use Code Sections 3.4.7, 3.5.1(G)(1), 3.5.1(A), 3.5.1(B), 3.5.1(C), 4.18(A), 4.18(B), and, as stated in the Notice of Appeal, “With all due respect to the board staff and the time of the board staff, the exemptions/ exceptions granted at the 12/14/2017 hearing were illegal. Additionally, their application, in this case and in consideration of the sheer mass of the building structure, was also illegal;” and WHEREAS, on February 13, 2018, 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, received new evidence for consideration, and heard presentations from the Appellant and the PDP/FDP applicant (the “Applicant”), who opposed the appeal; and WHEREAS, after discussion, the City Council found and concluded based on the evidence in the record and presented at the February 13, 2018, hearing that the Board did not fail to conduct a fair hearing on December 14, 2017, because: 1. The Board did not exceed its authority or jurisdiction as contained in the Code or Charter; 2. The Board did not substantially ignore its previously established rules of procedure; 3. The Board did not consider evidence relevant to its findings which was substantially false or grossly misleading; 4. The Board did not improperly fail to receive all relevant evidence offered by the Appellant; and -2- 5. The Board was not biased against the Appellant by reason of a conflict of interest or other close business, personal or social relationship that interfered with the Board’s independence of judgment; and WHEREAS, after discussion, the City Council found and concluded based on the evidence in the record and presented at the February 13, 2018, hearing that the Board did not fail to properly interpret and apply Land Use Code Sections 3.4.7, 3.5.1(G)(1), 3.5.1(A), 3.5.1(B), 3.5.1(C), 4.18(A), 4.18(B), nor did Appellant's allegation “With all due respect to the board staff and the time of the board staff, the exemptions/ exceptions granted at the 12/14/2017 hearing were illegal. Additionally, their application, in this case and in consideration of the sheer mass of the building structure, was also illegal” establish that the Board failed to properly interpret and apply the Land Use Code; and WHEREAS, Council finds that Appellant’s appeal is without merit in its entirety and is denied and the Board’s December 14, 2017, decision in PDP/FDP170024 is upheld; and WHEREAS, City Code Section 2-55(g) 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 2-55(g) of the City Code, the City Council hereby makes and adopts the following findings of fact and conclusions: 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. 2. That the grounds for appeal stated in the Notice of Appeal conform to the requirements of Section 2-48 of the City Code. 3. That based on the evidence in the record and presented at the February 13, 2018, Council hearing, the Appellant’s allegation that the Board failed to conduct a fair hearing is without merit and is denied in its entirety. 4. That based on the evidence in the record and presented at the February 13, 2018, the Appellant’s allegation that the Board failed to properly interpret and apply the Land Use Code is without merit and is denied in its entirety. 5. That the Board’s December 14, 2017, decision in PDP/FDP170024 is upheld. 6. That adoption of this Resolution shall constitute the final action of the City Council in accordance with City Code Section 2-55(g). -3- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th day of February A.D. 2018. __________________________________ Mayor ATTEST: _____________________________ City Clerk