HomeMy WebLinkAbout2018CV01 - Sutherland V. City Of Fort Collins, Et Al - 022P - Agenda Item 13 For March 06 2018Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY March 6, 2018
City Council
STAFF
Jason Holland, City Planner
Brad Yatabe, Legal
SUBJECT
Resolution 2018-023 Making Findings of Fact and Conclusions of Law Regarding the Appeal of the Planning
and Zoning Board’s Decision Approving the Johnson Drive Apartments Project Development Plan
PDP170034.
EXECUTIVE SUMMARY
The purpose of this item is to make Findings of Fact and Conclusions of Law regarding the appeal (“Appeal”)
of the Planning and Zoning Board’s Decision Approving the Johnson Drive Apartments Project Development
Plan PDP 170034.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
On January 18, 2018, the Planning and Zoning Board considered the application for the Johnson Drive
Apartments Project Development Plan PDP 170034 at a Type II Hearing and rendered a decision to approve
PDP 170034.
On February 1, 2018, two appellants filed a Notice of Appeal with assertions regarding the Planning and
Zoning Board’s decision as follows:
I. Failure to conduct a fair hearing in that the Board considered evidence relevant to its findings which
was substantially false or grossly misleading.
II. Failure to properly interpret and apply relevant provisions of the Land Use Code.
On February 27, 2018, City Council considered the record on appeal and testimony from the Appellants,
Parties-In-Interest, 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 170034.
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RESOLUTION 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 DRIVE 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 PDP170034
(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.
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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:
_____________________________
City Clerk