HomeMy WebLinkAbout2014-113-12/16/2014-MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE APPEAL OF SEPTEMBER 9,2014, ADMINISTRAT RESOLUTION 2014-113
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW
REGARDING THE APPEAL OF SEPTEMBER 9, 2014, ADMINISTRATIVE
HEARING OFFICER DECISION REGARDING THE MAY 20, 2014, CITY COUNCIL
REMAND OF THE MAJOR AMENDMENT TO THE SUMMIT ON COLLEGE
PROJECT DEVELOPMENT PLAN
WHEREAS, on March 19, 2014. Administrative Hearing Officer, Marcus McAskin (the
"Hearing Officer") approved a major amendment to the Summit on College Project Development
Plan #130056 (the "Project') located west of the intersection of College Avenue and Stuart
Street(the "Decision"); and
WHEREAS, the Decision was subsequently appealed to the City Council which, on May
20, 2014, heard the appeals and remanded the Project to the Hearing Officer to consider the
following issues on remand: (1) whether Section 3.4.1(I)(2) of the Land Use Code was properly
interpreted and applied; and (2) whether Section 3.5.1(J) of the Land Use Code was properly
interpreted and applied; and
WHEREAS, on September 4, 2014, the Hearing Officer held a hearing to consider the
matters remanded by the City Council and, on September 9, 2014, rendered his decision that the
alternative design of the Project, which was offered in response to the concerns expressed by the
City Council in the remanding resolution, satisfied the requirements of the Land Use Code
contained in Section 3.4.1(I)(2) and Section 3.5.1(J) and also satisfied all Article 3 general
development standards and Article 4 standards and approved the alternative design, with
conditions; and
WHEREAS, on September 22, 2014, a Notice of Appeal of the Decision was filed by
Jeffrey Leef; et. al, on behalf of the owners of a restaurant known as "The Laboratory" as well as
the owner of the building in which the restaurant is located (collectively, "Appellant Leef'); and
WHEREAS, on September 23, 2014, a Notice of Appeal of the Decision was filed with
the City Clerk by Councilmember Ross Cunniff("Appellant Cunniff'); and
WHEREAS, Appellant Leef and Appellant Cunniff will hereafter be referred to jointly as
the"Appellants"; and
WHEREAS, on December 2, 2014, the City Council, after notice given in accordance
with Chapter 2, Article II, Division 3, of the City Code considered said appeals, reviewed the
record on appeal, heard presentations from the Appellants and other parties-in-interest and, after
discussion modified the decision of the Hearing Officer and imposed conditions; and
WHEREAS, City Code Section 2-55(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.
- 1 -
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 the following findings of fact and conclusions:
1. That the grounds for appeal as stated in the Appellants', Notices of Appeal
conform to the requirements of Section 2-48 of the City Code.
2. That the Hearing Officer did not fail to conduct a fair hearing by exceeding his
authority orjurisdiction or by considering evidence relevant to his findings that was substantially
false or grossly misleading, and in connection therewith, the City Council adopts as its findings
of fact herein all of the findings of fact made by the Hearing Officer in his September 9, 2014,
decision together with the recitals set forth above in this Resolution and, with respect to the fair
hearing grounds for appeal, bases its decision on the law and on those findings and
determinations.
3. That, with respect to whether the Hearing Officer properly interpreted Sections
3.4.1(I)(2) and 3.5.1(J) as well as the other relevant sections of the Land Use Code as contained
in Articles 3 and 4 thereof, the City Council adopts as its findings of fact herein all the findings
of fact made by the Hearing Officer in his September 9, 2014, decision together with the recitals
set forth above in this Resolution, except that the Council also modifies the Hearing Officer's
approval of the remanded major amendment to the Summit on College PDP by adding the
following conditions set forth below, and the Project, as modified by the City Council herein,
complies with all relevant provisions of the Land Use Code and is approved.
a. In order to ensure that the Project complies with the compatibility criteria
contained in Section 3.5.](J) of the Land Use Code, the maximum number of parking spaces for
the Summit on College Project, including both parking spaces on the site of the Project as well as
in the parking structure which is the subject of the major amendment, shall not exceed 499
parking spaces, and that parking requirements for the Project may be met using Alternative
Compliance as set forth in the currently adopted Transit-Oriented Development parking
provisions of the Land Use Code.
b. In order to ensure compliance with Section 3.4.1(I)(2), for the protection
-
of viewsheds along Spring Creek, the southernmost edge of the parking structure shall not be
located further south than the existing southern boundary of the parking lot, which, for the
purposes of this condition, does not include the landscaped strip to the south of the existing
parking lot.
- 2 -
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th day
of December, A.D. 2014.
It �i LCJ
G�j OF cO� Mayor
ATTEST:
J—
City Clerk Q