HomeMy WebLinkAbout2016-052-07/19/2016-MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE APPEAL OF THE HEARING OFFICER DECISION 1
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RESOLUTION 2016-052
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 DENYING
THE MAPLE MIXED-USE PROJECT DEVELOPMENT PLAN, PDP150025
WHEREAS, on April 14, 2016, the Maple Mixed-Use Project Development Plan
PDP150025 (the "PDP") was reviewed at a public hearing by Hearing Officer Kendra Carberry
(the "Hearing Officer"); and
WHEREAS, on April 25, 2016, the Hearing Officer issued a written decision (the
"Administrative Denial") denying the PDP and the Modification; and
WHEREAS, on May 9, 2016, Development Company, LLC, (the "Appellant') filed a
Notice of Appeal of the Administrative Denial with the City Clerk; and
WHEREAS, the Notice of Appeal asserted that the Hearing Officer failed to conduct a
fair hearing because she considered evidence relevant to her findings that was substantially false
or grossly misleading; 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 Denial,
specifically Land Use Code Section 3.4.7, Historic and Cultural Resources, Section 3.5.1,
Building and Project Compatibility, Section 2.8, Modification of Standards, and Section
4.16(13)(5)(e), Downtown District Building Standards Exterior Facade Materials; and
WHEREAS, on July 12, 2016, the City Council, after notice given in accordance with
Chapter 2, Article 11, 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
representatives for the Appellant and opponents of the appeal (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 April 14, 2016; and
2. The Hearing Officer did fail to properly interpret and apply Land Use Code
Sections 3.4.7, 3.5.1, 2.8, and 4.16(1))(5)(e), when she denied the PDP and the
Modification; and '
3. The Administrative Denial shall be overturned and the PDP approved because the
PDP complies with Land Use Code Sections 3.4.7, 3.5.1, 2.8, and 4.16(13)(5)(e),
in accordance with the findings stated in the City Staff Report submitted to the
Hearing Officer for the April 14, 2016, hearing; and
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4. The Modification of Standard pertaining to Land Use Code Section 4.16(D)(5)(e)
regarding exterior facade materials shall be approved because:
i. It is not detrimental to the public good; and
ii. The PDP as proposed will promote the general purpose of the
exterior facade materials standard equally well or better than
would a plan that complies with the standard because the cement
fiber lap siding and panels relate well to the wood siding on the
houses found in the adjacent area;
and
5. Except as to the failure of the Hearing Officer to properly interpret and apply the
Land Use Code provisions set forth herein, 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 in support of its decision on the
Appeal as follows:
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.
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.
3. That the Hearing Officer did not fail to conduct a fair hearing on April 14, 2016.
4. That the Hearing Officer did fail to properly interpret.and apply Land Use Code
Sections 3.4.7, 3.5.1, 2.8, and 4.16(D)(5)(e), when she denied PDP15-0025 in her
Administrative Denial issued on April 25, 2016.
5. That the Administrative Denial is overturned and the PDP is approved because the
PDP complies with Land Use Code Sections 3.4.7, 3.5.1, 2.8, and 4.16(D)(5)(e),
in accordance with the findings stated in the City Staff Report submitted to the
Hearing Officer for the April 14, 2016, hearing.
6. That the -Modification of Standard pertaining to Land Use Code Section
4.16(D)(5)(e) regarding exterior facade materials is approved because it is not
detrimental to the public good and it will promote the general purpose of the
exterior facade materials standard equally well or better than would a plan that
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complies with the standard because the cement fiber lap siding and panels relate
well to the wood siding on the houses found in the adjacent area.
7. That except as to the failure of the Hearing Officer to properly interpret and apply
the Land Use Code provisions set forth herein, the Appeal is without merit and is
denied.
8. That adoption of this Resolution shall constitute the final action of the City '
Council in accordance with City Code Section 2-55(g).
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
19th day of July, A.D. 2016.
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City Clerk
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