HomeMy WebLinkAbout2023-009-01/17/2023-ADOPTING FINDINGS OF FACT IN SUPPORT OF THE CITY COUNCIL’S DECISION TO REMAND TO THE HISTORICAL PRESRESOLUTION 2023-009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ADOPTING FINDINGS OF FACT IN SUPPORT OF THE C1TY COUNCIL’S DECISION TO
REMAND TO THE HISTORICAL PRESERVATION COMMISSION FOR REHEARING
THE DETERMINATION OF ELIGIBILITY FOR LANDMARK DESIGNATION OF THE
SERVICE STATION LOCATED AT 825 NORTH COLLEGE AVENUE
WHEREAS,on September 7,2022,in accordance with Land Use Code 3.4.7 and as a result
of the filing of a development review application,City historic preservation staff issued an official
determination that three buildings located at 825 North College Avenue (the “Property”)were
eligible for Fort Collins landmark designation pursuant to the standards for determining eligibility
under Section 14-22 of the City Code;and
WHEREAS,the owner of the Property and the three buildings (the “Appellant”)appealed
City staff’s official determination to the Historic Preservation Commission;and
WHEREAS,on October 19,2022,the Historic Preservation Commission (“HPC”)heard
the Appellant’s appeal of staff’s official determination and rendered a determination that two of
the buildings on the Property were not eligible for landmark designation,but that the service station
located on the Property was eligible because of its Significance and Integrity,as those standards
are defined by Section 14-22 of the City Code;and
WHEREAS,on October 31,2022,the Appellant filed a Notice of Appeal (the “Appeal”)
of the HPC’s decision as to the eligibility of the service station for landmark designation;and
WHEREAS,pursuant to City Code Section 2-46,the Appeal was filed timely,and the
Appellant is a party-in-interest eligible to file an appeal;and
WHEREAS,the Appeal alleged that the HPC failed to conduct a fair hearing because it
considered evidence relevant to their findings that was substantially false or grossly misleading;
and
WHEREAS,the Appeal also alleged that the HPC failed to properly interpret and apply
provisions in Section 14-22 of the City Code in making its decision;and
WHEREAS,on December 20,2022,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,statements concerning physical characteristics of the subject property obtained by
Councilmembers during the site inspection,testimony from City staff,and statements and
argument by the Appellant’s representative and its legal counsel,in support of the Appeal;and
WHEREAS,after discussion,the City Council found and concluded based on the evidence
in the record and presentations made at the Council hearing on December 20,2022,that the HPC
did not fail to conduct a fair hearing by considereing evidence relevant to their findings that was
substantially false or grossly misleading;and
WHEREAS,the City Council further found and concluded based on the evidence in the
record (including the Staff Report)and presentations made at the City Council hearing on
December 20,2022,that the matter should be remanded to the HPC for rehearing in accordance
with Section 2-56(b)(2)of the City Code for the HPC to receive and consider additional
information concerning the standards of Significance and Integrity under Section 14-22 of the City
Code;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 the 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 Appeal’s fair hearing allegations and the allegation that the Historical Preservation
Commission failed to properly interpret and apply Section 14 22 of the City Code,conform
to the appeal requirements of Section 2-48 of the City Code.
3.That,based on the evidence in the record and presentations made at the City Council
hearing on December 20,2022,the HPC did not fail to conduct a fair hearing by
considering relevant evidence that was substantially false or grossly misleading.
4.That,based on the evidence in the record and presented at the City Council hearing on
December 20,2022,the Council finds that this matter should be remanded to the HPC in
accordance with Section 2-56(b)(2)of the City Code,so that the HPC may receive and
consider additional information as to the Significance and Integrity of the service station,
as those standards apply under Section 14-22 of the City Code.
5.That adoption of this Resolution shall constitute the final action of the City Council in
accordance with City Code Section 2-56(c).
Passed and adopted
day of January,2023.
ATTEST:
Council of the Collins this 17th
City Clerk