HomeMy WebLinkAbout2000-008-01/04/2000-MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF THE DECISION OF THE ADMINISTRATIVE H RESOLUTION 2000-8
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE APPEAL OF A DECISION OF THE ADMINISTRATIVE HEARING OFFICER
RELATING TO THE OAKRIDGE BUSINESS PARK, 28TH FILING
(BANK OF COLORADO) PROJECT DEVELOPMENT PLAN
WHEREAS,on October 12, 1999,the City's Administrative Hearing Officer(the"Hearing
Officer") approved the Oakridge Business Park, 28th Filing (Bank of Colorado) Project
Development Plan (the "Project"); and
WHEREAS,on October 26, 1999,a Notice of Appeal of the Hearing Officer's decision was
filed with the City Clerk by Cimarron-Harmony Corner, LLC (the"Appellant"), and an Amended
Notice of Appeal was filed by the Appellant with the City Clerk on November 9, 1999 (the
"Amended Notice of Appeal"); and
WHEREAS,on December 7 and 14, 1999,the City Council,after notice given in accordance
with Chapter 2,Article II,Division 3,of the City Code,considered said appeal,reviewed the record
on appeal,heard presentations from the Appellant and other parties in interest and,after discussion,
decided to uphold the Hearing Officer's decision with the addition of two conditions; and
WHEREAS,City Code Section 2-56(e)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 City Code Section 2-56(e), the Council hereby makes the following
findings of fact and conclusions:
1. That the grounds for appeal as stated in the Appellant's Amended Notice of
Appeal conform to the requirements of Section 2-48 of the City Code.
2. That the Hearing Officer did not fail to properly interpret and apply the relevant
provisions of the City Code and Charter,specifically the provisions of the City's
Land Use Code,in approving the Project;provided,however,that the following
additional conditions shall be imposed upon the approval of the Project:
(a) In the interest of the protection of the public health and safety
and for the purpose of protecting safe access, circulation and
parking for the site and adjacent area, as required pursuant to
Section 3.2.2 of the Land Use Code,a stop sign shall be erected
at the terminus of the one-way drive exiting the bank drive-up
facility,with the specific location of said stop sign to be at such
point as will best alleviate any safety problems related to the
access lanes leading both to the bank and to the abutting private
property to the east of the Project; and
(b) The Project plan shall either be modified so that the stormwater
detention pond located in the southeast quadrant of the Project
plan does not obstruct, encroach upon or diminish the rights of
any party to that certain Reciprocal Access Easement Agreement
recorded on December 21, 1993,at Reception No. 93097255 of
the Larimer County,Colorado,records or, in the alternative,the
applicant for the Project shall present evidence satisfactory to the
City Attorney and City Manager that the Project plan as
presently proposed does not so obstruct, encroach upon or
diminish the rights of any party pursuant to said Reciprocal
Access Easement Agreement.
4. That the Council hereby upholds the Hearing Officer's decision approving the Project
upon the conditions as set forth in paragraph 3 above.
Passed and adopted at a regular meeting of the City Council held this 4th day of January,
A.D. 2000.
Mayor
ATTEST:
City Clerk
2