HomeMy WebLinkAbout2012-103-11/06/2012-MAKING FINDINGS OF FACT AND RELATED DETERMINATIONS REGARDING THE APPEAL OF THE AUGUST 16, 2012 ADMIN RESOLUTION 2012-103
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND RELATED DETERMINATIONS
REGARDING THE APPEAL OF THE AUGUST 16, 2012
ADMINISTRATIVE HEARING OFFICER APPROVAL OF THE
ASPEN HEIGHTS PROJECT DEVELOPMENT PLAN
WHEREAS, on August 16, 2012, the City's Administrative Hearing Officer (the "Hearing
Officer") approved a project development plan for the project known as Aspen Heights Project
Development Plan (the "PDP"); and
WHEREAS, on August 30, 2012, a Notice of Appeal of the Hearing Officer's decision was
filed with the City Clerk by Tom Lawton (the "Appellant"); and
WHEREAS, on October 30, 2012, 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,
upheld the decision of the Hearing Officer; and
WHEREAS, City Code Section 2-57(g) provides that no later than the date of its 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 2-57(g) of the City Code, the City 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.
2. That the Hearing Officer conducted a fair hearing in approving the PDP.
3. That the Hearing Officer properly interpreted and applied the provisions of
the Land Use Code in approving the PDP.
4. That the City Council's determination to uphold the decision of the Hearing
Officer is subject to the following conditions:
a. The applicant must provide a shuttle bus for use of project
residents, with the understanding that if there is insufficient
ridership demand to support the need for the shuttle bus, the
applicant may apply for a minor amendment to the approved
Final Plan to reduce or eliminate this shuttle bus requirement.
b. To the extent reasdnably feasible, the applicant shall, at the
time of submittal of the Final Plan and in consultation with
City staff: (a) enhance the design of the naturalized drainage
channel transecting the property in such a manner as to
provide an increased width and vegetation diversity provided
that such enhancement does not unduly diminish the capacity
of the channel to carry the anticipated stormwater flow; and
(b) enhance the wetland mitigation area through increased
size and vegetation diversity.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th
day of November, A.D. 2012.
71Ai1.t.rCJ /� i it�?s.;r�T
Mayor
ATTEST: G�SY.OF FOp�
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City Clerk 0�'•.,• ��"