HomeMy WebLinkAbout2018CV01 - Sutherland V. City Of Fort Collins, Et Al - 022O - Resolution 2018-023RESOLUTION 2018-023
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
JOHNSON PRIVE APARTMENTS PROJECT DEVELOPMENT PLAN PDP170034
WHEREAS, on January 18, 2018, the Planning and Zoning Board (the `Board") reviewed
and approved the Johnson Drive Apartments Project Development Plan PDP 170034 (the "PDP");
and
WHEREAS, on February 1, 2018, Eric Sutherland and Paul Patterson (the "Appellants")
filed an appeal (the "Notice of Appeal") of the P&Z approval of the PDP with the City Clerk; and
WHEREAS, the Appellants asserted in the Notice of Appeal that the Board failed to
conduct a fair hearing because it considered evidence relevant to its findings which was
substantially false or grossly misleading; and
WHEREAS, the Appellants also asserted in the Notice of Appeal that the Board failed to
properly interpret and apply Land Use Code Sections 2.4.2(H), 3.2.2(K), 3.4.1(I)(2), 3.6.4,
3.10.5(F)(3), and 4.21; and
WHEREAS, on February 27, 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 Appellants and
other parties -in -interest in support of the appeal 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 February 27, 2018, hearing that the Board did not fail to conduct
a fair hearing on January 18, 2018, because the Board did not consider evidence relevant to its
findings which was substantially false or grossly misleading; and
WHEREAS, after discussion, the City Council found and concluded based on the evidence
in the record and presented at the February 27, 2018, hearing that the Board did not fail to properly
interpret and apply Land Use Code Sections 2.4.2(H), 3.2.2(K), 3.4.1(I)(2), 3.6.4, 3.10.5(F)(3),
and 4.21; and
WHEREAS, Council finds that Appellants' appeal is without merit in its entirety and is
denied, and the Board's January 18, 2018, decision in PDP170034 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 27, 2018, Council
hearing, the Appellants' 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 27, 2018, Council
hearing, the Appellants' allegation that the Board failed to properly interpret and apply the
identified provisions of the Land Use Code is without merit and is denied in its entirety.
5. That the Board's January 18, 2018, decision in PDP170034 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).
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th
day of March, A.D. 2018.
Mayor
ATTEST:
J
city C
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