HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/19/2019 - RESOLUTION 2019-038 MAKING FINDINGS OF FACT AND COAgenda Item 21
Item # 21 Page 1
AGENDA ITEM SUMMARY March 19, 2019
City Council
STAFF
Pete Wray, Senior City Planner
Tom Leeson, Director, Comm Dev & Neighborhood Svrs
Chris Van Hall, Legal
SUBJECT
Resolution 2019-038 Making Findings of Fact and Conclusions of Law Regarding the Appeal of the Hearing
Officer’s Decision Approving the Hansen Farm Project Development Plan PDP170036.
EXECUTIVE SUMMARY
The purpose of this item is to make findings of fact and conclusions of law regarding the appeals of the
Hansen Farm Project Development Plan PDP170036. The hearing for the appeals was held March 5, 2019.
Councilmember Summers recused himself from consideration of the appeals.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
On November 29, 2018, the Hearing Officer considered the application for the Hansen Farm Project
Development Plan at a Type I Hearing. On December 13, 2018, the Hearing Officer rendered a decision to
approve the Hansen Farm Project Development Plan PDP170036 with conditions.
On December 20, 2018, an appeal by Thomas Barlow was filed challenging the Hearing Officer Decision made
on December 13, 2018 (Appeal No. 1). On December 27, 2018, a second appeal by Christopher McElroy was
filed challenging the Hearing Officer Decision made on December 13, 2018 (Appeal No. 2).
Appeal No. 1 - Thomas Barlow
Appeal No. 1 includes the following assertion:
Failure to properly interpret and apply relevant provisions of the Land Use Code, more specifically:
• Failure to properly interpret and apply Policy FC-LUF-5 of the Fossil Creek Reservoir Area Plan, as
adopted under Resolution 98-54 and amended by the Fort Collins City Council.
Appeal No. 2 - Christopher McElroy
Appeal No. 2 includes the following two assertions:
1. The Hearing Officer failed to conduct a fair hearing, in that:
• The Board considered evidence relevant to its findings, which was substantially false or grossly
misleading.
Agenda Item 21
Item # 21 Page 2
2. Failure to properly interpret and apply relevant provisions of the Land Use Code, more specifically:
• Failure to properly interpret and apply Policy FC-LUF-5 of the Fossil Creek Reservoir Area Plan, as
adopted under Resolution 98-54 and amended by the Fort Collins City Council.
On March 5, 2019, City Council considered the record on appeal and testimony from the applicant and parties-
in-interest for the Hansen Farm Project Development Plan PDP170036. After the hearing, Council affirmed the
Hearing Officer’s decision.
-1-
RESOLUTION 2019-038
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING
THE APPEAL OF THE HEARING OFFICER’S DECISION APPROVING
THE HANSEN FARMS PROJECT DEVELOPMENT PLAN PDP170036
WHEREAS, on December 13, 2018, Hearing Officer Kendra L. Carberry (“Hearing
Officer”) approved the Type 1 administrative decision for Hansen Farm, Project Development
Plan, PDP170036 (the “PDP”) with two conditions (the “Decision”); and
WHEREAS, Appellant Thomas Barlow filed an appeal of the Decision on December 20,
2018, and Appellant Christopher McElroy filed an appeal of the Decision on December 27, 2018
(together, the “Appeal”); and
WHEREAS, both Appellants alleged in their appeals that the Hearing Officer failed to
properly interpret and apply Section 1.7.2 of the City of Fort Collins Land Use Code (“LUC”)
and Policy FC-LUF-5 of the Fossil Creek Reservoir Area Plan (“FC Area Plan”) in her Decision
and Appellant McElroy also alleged the Hearing Officer considered evidence relevant to her
findings that were substantially false or grossly misleading; and
WHEREAS, on March 5, 2019, the City Council, after notice given in accordance with
Chapter 2, Article II, Division 3, of the City Code, held a public hearing and considered the
Appeals, reviewed the record on appeal and the applicable Land Use Code provisions, and heard
presentations from both Appellants and the representative for Lorson South Land Group (the
“Applicant”) and received certain new evidence from Appellants and Applicant (the “Council
Hearing”); and
WHEREAS, after discussion, the City Council found and concluded based on the
evidence in the record and presented at the Council Hearing to uphold and approve the Decision;
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 and conclusions of law:
1. That the Notice of Appeals filed by both Appellants conformed 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.
-2-
3. That based on the evidence in the record and presented at the Council Hearing, the
Hearing Officer did not fail to conduct a fair hearing on December 13, 2018 when she
approved the PDP with conditions and did not consider evidence relevant to her decision
that was substantially false or grossly misleading.
4. That the Hearing Officer did not fail to properly interpret and apple LUC 1.7.2 or the FC
Area Plan when she approved the PDP with conditions.
5. That Thomas Barlow’s and Christopher McElroy’s appeals of the Decision are without
merit and are denied and the Decision is hereby upheld and approved.
6. 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
19th day of March, A.D. 2019.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk