HomeMy WebLinkAbout2023-026-03/21/2023-ADOPTING THE FINDINGS OF FACT IN SUPPORT OF THE CITY COUNCIL'S DECISION ON APPEAL TO UPHOLD THE PLANRESOLUTION 2023-026
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 WITH
CONDITIONS OF THE CASTLE RIDGE GROUP HOME
WHEREAS,on December 15,2022,the Planning and Zoning Commission (“P&Z”)
approved with conditions the Castle Ridge Group Home Project Development Plan/Final Plan
FDP2200I3 (“Castle Ridge Group Home”);and
WHEREAS,on December 21,2022,Steve Sunderman filed a notice of appeal
(“Sunderman Appeal”)asserting that P&Z failed to conduct a fair hearing because:
(a)P&Z exceeded its authority or jurisdiction as contained in the Code or Charter
(b)P&Z substantially ignored its previously established rules of procedure;
(c)P&Z considered evidence relevant to its findings that was substantially false or grossly
misleading;P&Z improperly failed to receive all relevant evidence offered by the
appellant;and
(d)P&Z was biased against the appellant by reason of a conflict of interest or other close
business,personal or social relationship that interfered with the decision maker’s
independence ofjudgment
and
WHEREAS,the Sunderman Appeal also asserted that P&Z failed to properly interpret and
apply Fort Collins Land Use Code Sections 1.2.2,1.2.5,and 1.3.4;and
WHEREAS,on December 28,2022,Kurt Johnson and ten other people filed a notice of
appeal (“Johnson Appeal”)asserting that P&Z failed to properly interpret and apply Fort Collins
Land Use Code Section 3.5.1(J);and
WHEREAS,the people who filed the Sunderman Appeal and the Johnson Appeal qualif~’
as parties-in-interest with standing to file a notice of appeal and the notices of appeal were timely
filed;and
WHEREAS,on March 7,2023,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 consolidated allegations raised in the Sunderman Appeal and the Johnson Appeal;
and
WHEREAS,at the Hearing the City Council considered the record on appeal;statements
concerning physical characteristics of the subject property made by Councilmembers Peel and
Gutowsky during the site inspection;testimony from City staff;statements and arguments by Steve
Sunderman in support of the Sunderman Appeal;statements and arguments by Kurt Johnson,
Tracy Stefanon,and legal counsel for Kurt Johnson,Harmon Zuckerman,in support of the Johnson
Appeal;statements and argument by Barbara Suhrstedt,an additional party-in-interest in support
of the Johnson Appeal but who did not sign the Johnson Appeal;and statements and arguments by
Michelle Pinkowski,legal counsel for the applicants for the Castle Ridge Group Home in
opposition to the notices of appeal;and
WHEREAS,after discussion,the City Council found and concluded based on the evidence
in the record and presentations made at the Hearing,that the fair hearing issues raised in the
Sunderman Appeal were not established with competent evidence in the record by Steve
Sunderman and,therefore,P&Z did not fail to conduct a fair hearing;and
WHEREAS,after discussion,City Council found and concluded based on the evidence in
the record and presentations made at the Hearing,that the failure to properly interpret and apply
the issue raised in the Sunderman Appeal regarding Land Use Code Section 1.3.4 was without
merit because it was applicable to the Castle Ridge Group Home;and
WHEREAS,after discussion,City Council found and concluded based on the evidence in
the record and presentations made at the Hearing,that the failure to properly interpret and apply
issues raised in the Sunderman Appeal regarding Land Use Code Sections 1.2.2 and 1.2.5 were
not established with competent evidence in the record by Steve Sunderman and,therefore,P&Z
did not fail to properly interpret and apply Land Use Code Sections 1.2.2 and 1.2.5;and
WHEREAS,after discussion,City Council found and concluded based on the evidence in
the record and presentations made at the Hearing,that the failure to properly interpret and apply
the issue raised in the Johnson Appeal regarding Land Use Code Section 3.5.1(J)was not
established with competent evidence in the record by Kurt Johnson,his attorney,or the other
parties-in-interest in support of the Johnson Appeal and,therefore,P&Z did not fail to properly
interpret and apply the Land Use Code Section 3.5.1(J);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 allegations set forth in the Sunderman Appeal that P&Z failed to conduct a fair
hearing and failed to properly interpret and apply the Land Use Code are without merit and
the Sunderman Appeal is dismissed in its entirety.
3.That the allegation set forth in the Johnson Appeal that P&Z failed to properly interpret
and apply the Land Use Code is without merit and the Johnson Appeal is dismissed in its
entirety.
4.That the December 15,2022,P&Z decision approving the Castle Ridge Group Home with
conditions is hereby upheld.
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 at a regular meeting of the Council of the City of Fort Collins this 21st
day of March,2023.
ATTEST:
City Clerk