HomeMy WebLinkAbout2024-137-11/19/2024-ADOPTING FINDINGS OF FACT IN SUPPORT OF THE CITY COUNCIL'S DECISION ON APPEAL TO UPHOLD THE PLANNINGRESOLUTION 2024-137
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING FINDINGS OF FACT IN SUPPORT OF THE CITY
COUNCIL'S DECISION ON APPEAL TO UPHOLD THE
PLANNING AND ZONING COMMISSION APPROVAL OF THE
RESCUE MISSION DEVELOPMENT PLAN FDP230022
A.On August 28, 2024, the Planning and Zoning Commission approved the
Rescue Mission Development Plan FDP230022.
B.On September 6, 2024, Troy Jones (the "Jones Appellant") filed a notice of
appeal with the City alleging the Commission failed to properly interpret and apply Land
Use Code Sections 3.5.1 (A) regarding the purpose of the Building Project Compatibility
section, 3.5.1 (J) regarding operational and physical compatibility standards, 1.2.4
regarding applicability of the Land Use Code, and Section 5.1.2 regarding the definition
of "compatibility."
C.On September 11, 2024, Rebeca Mendoza and Debbie Bradberry (the
"Mendoza-Bradberry Appellants") filed a notice of appeal with the City alleging the
following grounds for appeal:
a.The Commission failed to conduct a fair hearing, because the
Commission considered evidence relevant to the Commission's findings that was
substantially false or grossly misleading;
b.The Commission failed to properly interpret and apply Land Use
Code Section 1.2.4 regarding applicability of the Land Use Code, Sections 3.2.2(K)
regarding parking requirements, 3.4.1 regarding environmental impact, 3.5.1 (J)
regarding operational and physical compatibility standards, and 4.22(8) regarding
permitted uses in Service Commercial District ("C-S") zoned districts; and
c.The Mendoza-Bradberry Appellants also included in their notice of
appeal arguments that the Commission failed to properly interpret and apply Land
Use Code Section 3.5.1 (C) regarding compatibility of building height, mass, scale
and bulk.
D.On November 6, 2024, the City Council, after notice given in accordance
with City Code Section 2-52, held a public hearing ("Hearing") pursuant to City Code
Section 2-54 to consider the allegations raised in the appeals.
E.At the Hearing the Jones Appellant and the Mendoza-Bradberry Appellants,
and other parties-in-interest on their behalf, appeared and addressed the City Council,
arguing in favor of the allegations in both appeals.
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F.Also at the Hearing, representatives for the Applicant for the Rescue
Mission Development Plan addressed the City Council, arguing in opposition to the
allegations in both appeals.
G.In making its determination regarding the appeals at the Hearing, the City
Council considered the record on appeal; information from City staff; statements and
arguments in favor of the allegations in both appeals by the Mendoza-Bradberry and
Jones Appellants representatives; and statements and arguments in opposition to the
allegations in both appeals made by representatives for the Applicant for the Rescue
Mission. On the record during the Hearing, City Council provided its findings and rationale
for its determinations.
H.The City Council determined that (i) the Commission conducted a fair
hearing when the Commission approved the Rescue Mission Development Plan, finding
that the Commission considered evidence and staff recommendations that were
appropriate and relevant for the Commission's decision on the Development Plan, (ii) the
Commission did not consider evidence relevant to the Commission's decision that was
substantially false or grossly misleading, and (iii) the Appellants did not establish with
competent evidence that the fair hearing allegation had merit.
I.The City Council determined during the Hearing that the Commission
properly interpreted and applied the requirements of the Land Use Code on each of the
interpretation and application grounds the Mendoza-Bradberry Appellants alleged on
appeal.
J.The City Council determined during the Hearing that the Commission
properly interpreted and applied the requirements of the Land Use Code on each of the
interpretation and application grounds the Jones Appellant alleged on appeal.
K.The City Council upheld the Commission's approval of the Rescue Mission
Development Plan FDP230022.
L.City Code Section 2-56{c) provides that no later than the date of its next
regular meeting after the hearing of an appeal, the City Council shall adopt by resolution
findings of fact in support of its decision on the appeal.
In light of the foregoing recitals, which the City Council hereby makes and adopts
as determinations and findings, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. The allegations set forth in the Mendoza-Bradberry Appeal that the
Planning and Zoning Commission failed to conduct a fair hearing are dismissed, because
the Commission conducted a fair hearing and did not consider evidence relevant to the
Commission's decision that was substantially false or grossly misleading and the
Appellants did not establish with competent evidence that the fair hearing allegation had
merit.
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Section 2. The allegations set forth in the Mendoza-Bradberry Appeal that the
Planning and Zoning Commission failed to properly interpret and apply the Land Use
Code Sections 1.2.4, 3.2.2(K), 3.4.1, 3.5.1 (C), 3.5.1 (J), and 4.22(B) are without merit and
dismissed, because the Commission properly interpreted and applied the requirements
of the Land Use Code on each of the interpretation and application grounds for appeal.
Section 3. The allegations set forth in the Jones Appeal that the Planning and
Zoning Commission failed to properly interpret and apply the Land Use Code Sections
1.2.4, 3.5.1 (A), 3.5.1 (J), and the "compatibility" definition in 5.1.2 are without merit and
dismissed, because the Commission properly interpreted and applied the requirements
of the Land Use Code on each of the interpretation and application grounds for appeal .
Section 4. The Planning and Zoning Commission's approval of the Rescue
Mission Development Plan FDP230022 is upheld.
Section 5. Adoption of this Resolution shall constitute the final action of the City
Council in accordance with City Code Section 2-56(c).
Effective Date: November 19, 2024
Approving Attorney: Heather N. Jarvis
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SEAL , Sr. Deputy