HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/16/2017 - RESOLUTION 2017-044 MAKING FINDINGS OF FACT AND COAgenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY May 16, 2017
City Council
STAFF
Jason Holland, City Planner
SUBJECT
Resolution 2017-044 Making Findings of Fact and Conclusions of Law Regarding the Appeal of the Planning
and Zoning Board Decision Approving the Water’s Edge Project Development Plan PDP 160006.
EXECUTIVE SUMMARY
The purpose of this item is to make Findings of Fact and Conclusions regarding the appeal of the Planning and
Zoning Board’s Decision Approving the Water’s Edge Project Development Plan. The Appeal was heard by City
Council on May 2, 2017.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
On March 16, 2017 the Planning and Zoning Board considered the application for the Water’s Edge Project
Development Plan (PDP) at a Type II Hearing and rendered a decision to approve the PDP with seven
conditions.
On March 29, 2017, a Notice of Appeal was filed with two assertions regarding the Planning and Zoning
Board’s decision. The Notice claimed that the Planning and Zoning Board failed to conduct a fair hearing, in
that:
1. The Board improperly failed to receive all relevant evidence offered by the Appellants.
2. The Board was biased against the Appellants by reason of a conflict of interest or other business, personal
or social relationship that interfered with the decision maker’s independence of judgement.
On May 2, 2017, City Council considered the record on appeal and testimony from the applicant, parties-in-
interest, and City staff, and upheld the Planning and Zoning Board’s approval of the Water’s Edge Project
Development Plan.
-1-
RESOLUTION 2017-044
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 DECISION APPROVING
THE WATER’S EDGE PROJECT DEVELOPMENT PLAN PDP160006
WHEREAS, on March 16, 2017, the Planning and Zoning Board (the “Board”) reviewed
and approved the Water’s Edge Project Development Plan PDP160006 (the “PDP”); and
WHEREAS, on March 29, 2017, John Daharsh and twenty-seven other parties-in-interest
(the “Appellants”) filed an appeal (the “Notice of Appeal”) of the P&Z decision (collectively the
“Appellants”) with the City Clerk appealing the PDP approval; and
WHEREAS, the Notice of Appeal asserted that the Board failed to conduct a fair hearing
because it: (1) improperly failed to receive all relevant evidence offered by the Appellants; and
(2) was biased against the Appellants 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, on May 2, 2017, 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 from the Appellants and City staff, and heard
presentations from the Appellants and the opponent of the appeal, the PDP applicant; and
WHEREAS, after discussion, the City Council found and concluded based on the
evidence in the record and presented at the May 2, 2017, hearing that the Board did not fail to
conduct a fair hearing on March 16, 2017, because:
1. The Board did not improperly fail to receive all relevant evidence offered by the
Appellants; and
2. The Board was not biased against the Appellants 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, 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 grounds for appeal stated in the 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 May 2, 2017, Council
hearing, the recitals set forth above are adopted as findings of fact.
-2-
3. That the Appellants’ appeal is without merit and is denied in its entirety.
4. 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
16th day of May A.D. 2017.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk