HomeMy WebLinkAbout2016-093-12/20/2016-MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE APPEAL OF THE PLANNNIG AND ZONING BOARD RESOLUTION 2016-093
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW
REGARDING THE APPEAL OF THE PLANNNIG AND ZONING
BOARD DECISION APPROVING THE BRICK STONE APARTMENTS
ON HARMONY PROJECT DEVELOPMENT PLAN PDP160019
WHEREAS, on October 13, 2016, the Planning and Zoning Board (the "Board")
reviewed and approved the Brick Stone Apartments On Harmony Project Development Plan
PDP160019 (the "PDP"); and
WHEREAS, on October 27, 2016, Amanda Morgan filed a Notice of Appeal (the
"Morgan Appeal") and David Agee and David Ramsay filed a separate Notice of Appeal (the
"Agee/Ramsay Appeal") (collectively the "Appellants"), with the City Clerk appealing the
approval of the PDP; and
WHEREAS, the Morgan Appeal asserted that the Board failed to properly interpret and
apply the Land Use Code (the "LUC") in rendering its decision, specifically LUC Section
1.2.2(C) in relation to the safety of the residents of the Harmony Road Apartments in using the
current driveway access proposed to be shared with the PDP; and
WHEREAS, the Agee/Ramsay Appeal asserted that the Board failed to conduct a fair
hearing because it considered evidence, specifically the traffic and drainage reports, relevant to
its findings that was substantially false or grossly misleading; and
WHEREAS, the Agee/Ramsay Appeal additionally asserted that the Board failed to
properly interpret and apply the LUC in rendering its decision, specifically LUC Sections
1.2.2(C), (E), (I), (M), (N), and 3.4.1(E), in relation to issues of traffic and pedestrian safety,
stormwater drainage, and environmental impacts and natural habitat buffer zones; and
WHEREAS, on December 6, 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 LUC provisions, and heard presentations from the
Appellants and the opponent of the appeal, the applicant for PDP 160019 (the "Applicant'); and
WHEREAS, after discussion, the City Council found and concluded based on the
evidence in the record and presented at the December 6, 2016, hearing that:
1. The Board did not fail to conduct a fair hearing on October 13, 2016, because it did
not consider evidence relevant to its findings that was substantially false or grossly
misleading; and
2. The Board did not fail to properly interpret and apply LUC Sections 1.2.2(C), (E), (I),
(M), (N), and Section 3.4.1(E) when it approved the PDP; and
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3. Pursuant to City Code Section 2-55(f), the Board's decision shall be modified to
include the following five conditions of approval for PDP160019. The Applicant
shall consult with City staff in order to fulfill the following conditions consistent with
the LUC and other applicable laws and regulations:
i. Install a raised crosswalk across the access drive shared by the proposed
development and Harmony Road Apartments to -improve the safety of
pedestrians crossing the access drive;
ii. Locate the eastern drainage outfall discharge point within the boundaries of
the property subject to PDP160019 to discharge directly into the Mail Creek
Impoundment as shown by the Applicant at the December 6, 2016, Council
hearing;
iii. To the maximum extent feasible, utilize a temporary construction access at a
location other than the access drive shared with the Harmony Road
Apartments to minimize usage of the shared drive for construction;
iv. Install appropriate signage to caution vehicles regarding pedestrian and other
use of the shared access drive; and
V. Review the lighting plan and, if necessary, add additional illumination for
pedestrian use of the shared access drive;
and
4. Except to the extent reflected in the conditions set forth above, the failure to properly
interpret and apply the LUC issue raised in the Morgan Appeal is without merit and is
denied; and
5. Except to the extent reflected in the conditions set forth above, the failure to conduct
a fair hearing and the failure to properly interpret and apply the LUC issues raised by
the Agee/Ramsay Appeal are without merit and are denied.
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:
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1. That the grounds for appeal stated in the Morgan Appeal and the Agee/Ramsay Appeal
conform to the requirements of Section 2-48 of the City Code.
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2. That based on the evidence in the record and presented at the December 6, 2016, Council
hearing, the recitals set forth above are adopted as findings of fact.
3. That the Board did not fail to conduct a fair hearing on October 13, 2016.
4. That the Board did not fail to properly interpret and apply Land Use Code Sections
1.2.2(C), (E), (I), (M), and (N), and 3.4.1(E), when the Board approved PDP160019 on
October 13, 2016.
5. That pursuant to City Code Section 2-55(f), the Board's decision shall be modified to
include the five conditions of approval for PDP 160019 set forth in the above recitals.
6. That except to the extent reflected in the conditions set forth above, the Morgan Appeal
and Agree/Ramsay Appeal are without merit and are denied.
7. 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
20th day of December, A.D. 2016.
F FORT S
,co``� Mayor
ATTEST:
cO�ORA00
City Clerk
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