HomeMy WebLinkAbout2021-075-06/15/2021-Making findings of fact and conclusions of law regarding the appeal of the Planning and Zoning CommiC
(This Resolution was originally adopted as Resolution 2021-071 and changedafteradoption
to correct a duplication in numbering.)
RESOLUTION NO.202 1-075
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 COMMISSION DECISION APPROVING
THE GUARDIAN SELF-STORAGE PROJECT DEVELOPMENT PLAN PDP19002O
WHEREAS,on March 11,2021,the Planning and Zoning Commission (“Commission”)
conducted a public hearing at which the Commission approved the Guardian Self-Storage Project
Development Plan PDP 190020 (“PDP 190020”),including two modifications of standards and two
conditions of approval;and
WHEREAS,on March 25,2021,the attorney for OSF Investments,LLC,(“Appellant”)
filed a notice of appeal (“Appeal”)of the Commission’s approval ofPDP19002O;and
WHEREAS,pursuant to City Code Section 2-49,the Appeal was timely filed and the
Appellant is a party-in-interest eligible to file an appeal;and
WHEREAS,the Appeal alleged that the Commission failed to conduct a fair hearing
because it substantially ignored its previously established rules of procedure when it disregarded
the South College Corridor Plan instead of amending it;and
WHEREAS,the Appeal also alleged that the Commission failed to properly interpret and
apply South College Corridor Plan Policy LU 1.4 and Land Use Code Section 3.10.2(A);and
WHEREAS,on June 1,2021,the City Council,after notice given in accordance with City
Code Section 2-52,held a public hearing pursuant to City Code Section 2-54 to consider the
allegations raised in the Appeal at which hearing the City Council considered the record on appeal,
additional evidence provided at the hearing and received during the site inspection,and testimony
from City staff,the Appellant’s representatives,and additional parties-in-interest Rich Stave and
Sandra Holt in support of the Appeal,and the applicant for PDPI9002O and its representatives
opposing the Appeal;and
WHEREAS,after discussion,the City Council found and concluded based on the evidence
in the record and presented at the June I,2021,hearing that the Commission did not fail to conduct
a fair hearing because amending the South College Corridor Plan or any other policy plan is not
an established Commission rule of procedure;and
WHEREAS,the City Council further found and concluded based on the evidence in the
record and presented at the June 1,2021,hearing that the Commission properly interpreted and
applied South College Corridor Plan Policy LU 1.4 because LU 1.4 is not a provision of City Code,
Land Use Code,or the Charter subject to appeal as a failure to interpret and apply,and that it was
within the Commission’s power to grant a modification of standard to Land Use Code Section
3.10.2(A);and
WHEREAS,City Code Section 2-56(c)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 such appeal.
NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that,pursuant to Section 2-56(c)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 fair hearing allegation and the allegation that the Commission failed to properly
interpret and apply Land Use Code Section 3.10.2(A)stated in the 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 June 1,2021,Council hearing,
Council finds that the Commission provided a fair hearing on March 25,2021,because
amending the South College Corridor Plan or any other policy plan is not an established
Commission rule of procedure,and the allegation is denied.
4.That based on the evidence in the record and presented at the June 1,2021,City Council
hearing,City Council finds that the allegation that the Commission failed to properly
interpret and apply the South College Corridor Plan Policy LU 1 .4 stated in the Appeal
does not conform to the requirements of Section 2-48(b)(1)of the City Code because LU
1.4 is not a provision of the Code and Charter,and the allegation is denied.
5.That based on the evidence in the record and presented at the June 1,2021,Council hearing,
Council finds that the Commission properly interpreted and applied Land Use Code
Section 3.10.2(A)as being subject to the Land Use Code modification of standards
procedure set forth in Land Use Code Division 2.8,and the allegation is denied.
6.That the Commission’s March 11,2021,approval of PDPI9002O,including two
modifications of standards and two conditions of approval,is hereby upheld.
7.That based on the evidence in the record and presented at the June 1,2021,hearing,the
Appeal is without merit and is denied in its entirety.
8.That adoption of this Resolution shall constitute the final action of the City Council in
accordance with City Code Section 2-56(c).
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Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th
day of June A.D.2021
ATTEST:
City Clerk ~.4.
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