HomeMy WebLinkAbout2016-019-03/01/2016-MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE APPEAL OF THE HEARING OFFICER DECISION RESOLUTION 2016-019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE
APPEAL OF THE HEARING OFFICER DECISION APPROVING THE CAPSTONE
COTTAGES PROJECT DEVELOPMENT PLAN, PDP140004
WHEREAS, on December 3, 20.15, the Capstone Cottages Project Development Plan
PDP 140004 (the "PDP") was reviewed at a public hearing by Hearing Officer Kendra Carberry
.(the "Hearing Officer"); and
WHEREAS, on December 17, 2015, the Hearing Officer issued a written decision (the
"Administrative Approval") approving the PDP with conditions; and
WHEREAS, on December 30, 2015, Jerry Gavaldon and Betty Aragon-Mitotes (the
"Appellants") filed a Notice of Appeal of the Administrative Approval with the City Clerk; and
WHEREAS, the Notice of Appeal asserted that the Hearing Officer failed to conduct a
fair hearing because she: (1) Substantially ignored previously established rules of procedure;
and (2) Was biased against the Appellants by reason of a conflict of interest or other close
business, personal or social relationship that interfered with the decision maker's independence
of judgment; and
WHEREAS, the Notice of Appeal also asserted that the Hearing Officer failed to
properly interpret and apply the Land Use Code in rendering the Administrative Approval,
specifically Land Use Code Section 3.5.1, Building and Project Compatibility, and Section 3.6.4,
Transportation Level of Service; and
WHEREAS, on February 16, 2016, the City Council, after notice given in accordance
with Chapter 2, Article II, Division 3, of the City Code, considered the Appeal, reviewed the
record on appeal and the applicable Land Use Code provisions, and heard presentations from the
representatives for the PDP and the Appellants (the"Council Hearing"); and
WHEREAS, after discussion, the City Council found and concluded based on, the
evidence in the record and presented at the Council Hearing that:
1. The Hearing Officer did not fail to conduct a fair hearing on December 3, 2015;
and
2. The Hearing Officer did not fail to properly interpret and apply the Land Use
Code when she approved the PDP; and
3. The Administrative Approval shall be modified by eliminating the condition
described as condition "c" in the Administrative Approval (which requires removal of the
roadway connection between the PDP and the Andersonville neighborhood to the north
of the PDP from the PDP, leaving a trail connection only), and by requiring bollards be
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installed as part of the construction of said roadway connection, not to be removed
without further Council action; and
4. Except as to the stated modification, the Appeal is without merit and is denied;
and
WHEREAS, City Code Section 2-55(g) 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=55(g) of the City Code, the City Council hereby
makes and adopts the following findings of fact and conclusions:
Section 1. That the grounds for appeal as stated in the Notice of Appeal conform to
the requirements of Section 2-48 of the City Code.
Section 2. That based on the evidence in the record and presented at the Council
Hearing, the recitals set forth above are adopted as findings of fact.
Section 3. That the Hearing Officer did not fail to conduct a fair hearing on
December 3, 2015.
Section 4. That based on the evidence in the record and presented at the Council
Hearing, the Decision is hereby modified by eliminating the condition described as condition "c"
in the Administrative Approval (which requires removal of the roadway connection between the
PDP and the Andersonville neighborhood to the north of the PDP from the PDP, leaving a trail
connection only), and by requiring bollards be installed as part of the construction of said
roadway connection, not to be removed without further Council action.
Section 5. That the Land Use Code was properly interpreted and applied by the
Hearing Officer when she approved PDP14-0004 in her Decision issued on December 17, 2015,
and that, except as modified by this Resolution, the Appeal is found to be without merit and is
denied.
Section 6. That adoption of this Resolution shall constitute the final action of the City
Council in accordance with City Code Section 2-55(g).
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Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 1 st
day of March, A.D. 2016.
of VORrca —
cir
Mayor
ATTEST: :
COLORAOO
City Clerk
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