HomeMy WebLinkAbout2017-011-02/07/2017-ADOPTING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF THE PLANNING AND ZONING BOARD DECI RESOLUTION 2017-011
OF THE COUNCIL OF THE•CITY OF FORT COLLINS
ADOPTING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE
APPEAL OF THE PLANNING AND ZONING BOARD DECISION
APPROVING THE LANDMARK APARTMENTS EXPANSION, PDP#160013
WHEREAS, on November 10, 2016, the Planning and Zoning Board (the "Board")
reviewed and approved the Landmark Apartments Expansion Project Development Plan
PDP#160013 (the "PDP" or "Project"); and
WHEREAS, pursuant to Chapter 2, Article II, Division 3, of the City Code, two separate
Notices of Appeal of the Board's approval of the PDP were filed with the City Clerk on
November 22, 2016; one by Per Hogestad (the "Hogestad Appeal") and the other by Colleen
Hoffman and Ann R. Hunt (the "Hoffman-Hunt Appeal") (Hogestad, Hoffman and Hunt are
referred to collectively as the "Appellants"); and
WHEREAS, the Hogestad Appeal asserts that the Board failed to conduct a fair hearing
because it considered evidence relevant to its findings that was substantially false or grossly
misleading related to standards set forth in the Land Use Code (the "LUC") in rendering its
decision, specifically LUC Sections 3.4.1 (related to natural habitats and features), 3.4.6 (related
to glare or heat), 3.5.1 (related to privacy as a component of compatibility) and 3.8.30 (related to
compliance with standards regarding a 25 foot side-yard buffer); and
WHEREAS, the Hoffman-Hunt Appeal asserts that Board: (1) failed to conduct a fair -
hearing because it improperly failed to receive all relevant evidence offered by the appellant; and
(2) failed to properly interpret and apply LUC Section 3.5 regarding compatibility; and
WHEREAS, on January 31, 2017, the City Council, after notice given in accordance with
Chapter 2, Article II, Division 3, of the City Code, consolidated and considered both Appeals,
reviewed the record on appeal and the applicable LUC provisions, and heard presentations from
the Appellants and the opponent of the Appeals, the applicant for the PDP (the "Applicant"); and
WHEREAS, after discussion, the City Council found and concluded based on the
evidence in the record and presented at the January 31, 2017, hearing (the "Appeal Hearing")
that:
1. The Board did conduct a fair hearing on November 10, 2016 in its consideration of
the PDP and did not consider evidence relevant to its decision that was substantially
false or grossly misleading or improperly fail to receive all relevant evidence offered
by the Appellants; and
2. The Board properly interpreted and applied the provisions of the City Code and LUC
when it approved the PDP, except that pursuant to City Code Section 2-55(f), the
Board's decision approving the PDP shall be modified to include the following
additional conditions, as proposed or agreed by the Applicant at the Appeal Hearing:
-1-
i. The Applicant must install signage requesting that drivers dim lights to reduce
headlight glare into surrounding residential windows;
ii. The Applicant must add landscaping and other features to the Project as
reasonably feasible to mitigate headlight glare into surrounding residential
windows;
iii. The Applicant must remove all balconies from the east side of Building A;
iv. The Applicant must remove any balconies that would extend into any natural
area buffer;
V. The Applicant must shift the emergency access road on the Project five feet to
the west from the location shown on the plans approved by the Planning and
Zoning Board;
vi. The applicant must add landscaping and other features to the Project to
discourage pedestrian traffic on the voluntary trail that currently exists to the
east of the proposed emergency drive;
These conditions are intended to address issues raised in the Hoffman-Hunt Appeal
regarding compatibility of the proposed buildings and uses included in the Project
when considered in the context of the surrounding area; and
3. Except as so stated, based on the evidence in the record and presented at the Appeal
Hearing, the Hogestad Appeal and the Hoffman-Hunt 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 Appeals. .
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:
1. That the grounds for appeal stated in the Hogestad Appeal and the Hoffman-Hunt 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 January 31, 2017, Appeal
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 November 10, 2016 when it
approved the PDP and it did not consider evidence relevant to its decision that was
substantially false or grossly misleading or improperly fail to receive all relevant
evidence offered by the Appellants.
4. That the Board did not fail to properly"interpret and apply LUC Division 3.5-Building
Standards, including but not limited to LUC §3.5.1-Building and Project Compatibility,
when the Board approved the PDP on November 10, 2016, except that pursuant to City
Code Section 2-55(f), the Board's decision approving the PDP shall be modified to
-2-
include the additional six conditions, as proposed or agreed by the Applicant at the
Appeal Hearing, set forth above in the recitals, which conditions are intended to address
issues raised in the Hoffman-Hunt Appeal regarding compatibility of the proposed
buildings and uses included in the Project when considered in the context of the
surrounding area.
5. That the Hogestad Appeal and the Hoffman-Hunt Appeal are without merit and are
denied.
6. 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 7th
day of February, A.D. 2017.
DRT CO
AL
or _
ATTEST: 'a
•CoLORP�
VV � •
City Clerk
-3-