HomeMy WebLinkAbout2009-005-01/20/2009-MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO THE APPEAL OF THE WATER BOARD'S AUGUST 28, 200 RESOLUTION 2009-005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO
THE APPEAL OF THE WATER BOARD'S AUGUST 28, 2008,
DENIAL OF THE FLOODPLAIN VARIANCE FOR A SCHOOL IN THE
POUDRE RIVER 500-YEAR FLOODPLAIN
WHEREAS,on August 28, 2008,the City's Water Board(the"Board")denied a floodplain
variance for the Nature School at 720-750 East Vine Drive, as a critical facility in the Poudre River
500-year floodplain (the "Variance"); and
WHEREAS, on September 10, 2008, a Notice of Appeal of the Board's decision was filed
with the City Clerk by representatives of the applicant for the Variance (the "Appellants"); and
WHEREAS,on September 30,2008,an Amended Notice of Appeal of the Board's decision
was filed with the City Clerk by the Appellants; and
WHEREAS,on December 16,2008,the City Council,after notice given in accordance with
Chapter 2, Article 11, Division 3, of the City Code, considered said appeal, reviewed the record on
appeal, heard presentations from the Appellants and other parties-in-interest and, after discussion,
voted to find that the Water Board had conducted a fair hearing on the matter and further voted to
find that the Water Board had properly interpreted and applied the City Code, and
WHEREAS,City Code Section 2-56(e)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; and
WHEREAS, upon consideration at its January 6, 2009 regular meeting of proposed
Resolution No. 2009-001,stating findings of fact in support of the Council's decision to uphold the
decision of the Water Board, the City Council voted to reconsider the vote by which it had found
the Water Board to have properly interpreted and applied the City Code; and .
WHEREAS, upon reconsideration, the Council voted to remand the matter to the Water
Board for further proceedings as more specifically described below.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that, pursuant to Section 2-56(e) of the City Code, the Council hereby makes the
following findings of fact and conclusions:
1. That the grounds for appeal as stated in the Appellants' Amended Notice of
Appeal conform to the requirements of Section 2-48 of the City Code.
2. That the Water Board held a fair hearing and did not fail to receive all
relevant evidence that was offered by the Appellants, nor did it consider
evidence relevant to its findings which was substantially false or grossly
misleading.
3. That the Water Board failed to adequately consider the potential for
mitigation of risks associated with the proposed development in accordance
with the provisions of Section 10-28 and 10-29 of the City Code.
4. That the Water Board, upon rehearing, should consider any new evidence
offered by the Applicant, and evaluate whether measures proposed by the
Applicant in connection with the Variance to prevent and mitigate risks to life
and safety and private property that may result from the proposed
development are sufficient to meet the requirement that the Variance not
result in increased flood heights, additional threat to public safety or public
or private property,extraordinary public expense, nuisance or trespass,fraud
on or victimization of the public, or conflict with existing local laws or
ordinances.
5. That the August 28, 2008 decision of the Water Board denying the variance
is hereby remanded to the Water Board for rehearing in accordance with these
facts and conclusions.
Passed and adopted at a regular meeting of the CouWitbf the City of Port Collins this 20th
day of January, A.D. 2009. /
/j
` Mayo
•A-T--TEST:
City Clerk