HomeMy WebLinkAbout2004-126-11/16/2004-MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO THE APPEAL BY THE CDOT OF A DECISION OF THE PL RESOLUTION 2004-126
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO
THE APPEAL BY THE COLORADO DEPARTMENT OF TRANSPORTATION
OF A DECISION OF THE PLANNING AND ZONING BOARD
REGARDING THE POUDRE RIVER REST AREA SITE PLAN ADVISORY REVIEW
WHEREAS, on August 26, 2004, the City's Planning and Zoning Board (the `Board")
disapproved the Colorado Department of Transportation ("CDOT") Poudre River Rest Area Site
Plan Advisory Review; and
WHEREAS,on September 9,2004,a Notice of Appeal of the Board's decision was filed with
the City Clerk by CDOT (the "Appellant"); and
WHEREAS, on October 19, 2004, 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,after discussion,overturned the decision of the
Board; 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 Section 2-56(e) of the City Code, the Council hereby makes the
following findings of fact and conclusions:
1. That the grounds for appeal as stated in the Appellant's Notice of Appeal
conform to the requirements of Section 2-48 of the City Code,and that,at the
hearing on the Appeal, the Appellant withdrew all of its "fair hearing"
grounds that were alleged in the Notice of Appeal.
2. That the Board failed to properly interpret and apply the provisions of Section
31-23-209 of the Colorado Revised Statues in reviewing the location,
character and extent of the proposed public facility for the following reasons:
(a) The City's Comprehensive Plan supports the location of the Poudre
River Rest area site at the location proposed by the CDOT.
(b) Both the City Council and the Board agreed that the character element
of the statutory provision had been met by the CDOT proposal.
(c) The Board failed to properly interpret the extent/impact element of
the statutory provision because the traffic impacts at the intersection
of Prospect Road and Interstate Highway 25 will actually be
improved, since the back-up of traffic onto the Prospect Road ramp
and I-25 will be lessened by approximately 66% and because the
floodplain concerns expressed by the Board can be resolved by the
closing of the rest area by CDOT during times of flooding.
4. That, for the foregoing reason, the decision of the Board disapproving the
CDOT Poudre River Rest Area Site Plan Advisory Review is hereby
overturned, and the Application is approved.
Passed and adopted at a regular meeting of the Council of the Ci f Fort Collins held this
16th day of November, A.D. 2004.
Mayor
ATTEST:
City Clerk