HomeMy WebLinkAbout2019-038-03/19/2019-MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE APPEAL OF THE HEARING OFFICER'S DECISIO RESOLUTION 2019-038
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING
THE APPEAL OF THE HEARING OFFICER'S DECISION APPROVING
THE HANSEN FARMS PROJECT DEVELOPMENT PLAN PDP170036
WHEREAS, on December 13, 2018, Hearing Officer Kendra L. Carberry ("Hearing
Officer") approved the Type 1 administrative decision for Hansen Farm, Project Development
Plan, PDP170036 (the "PDP") with two conditions (the "Decision"); and
WHEREAS, Appellant Thomas Barlow filed an appeal of the Decision on December 20,
2018, and Appellant Christopher McElroy filed an appeal of the Decision on December 27,,2018
(together;the"Appeal"); and
WHEREAS, both Appellants alleged in their appeals that the Hearing Officer failed to
properly interpret and apply Section 1.7.2 of the City of Fort Collins Land Use Code("LUC") and
Policy FC-LUF-5 of the Fossil Creek Reservoir Area Plan ("FC Area Plan") in her Decision and
Appellant McElroy also alleged the Hearing Officer considered evidence relevant to her findings
that were substantially false or grossly misleading; and
WHEREAS, on March 5, 2019, the City Council, after notice given in accordance with
Chapter 2, Article II, Division 3, of the City Code, held a public hearing and considered the
Appeals, reviewed the record on appeal and the applicable Land Use Code provisions, and heard
presentations from both Appellants and the representative for Lorson South Land Group (the
"Applicant") and received certain new evidence from Appellants and Applicant (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 to uphold and approve the Decision; and
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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 and conclusions of law:
1. That the Notice of Appeals filed by both Appellants conformed 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 based on the evidence in the record and presented at the Council Hearing,the Hearing
Officer did not fail to conduct a fair hearing on December 13, 2018 when she approved the
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PDP with conditions and did not consider evidence relevant to her decision that was
substantially false or grossly misleading.
4. That the Hearing Officer did not fail to properly interpret and apple LUC 1.7.2 or the FC
Area Plan when she approved the PDP with conditions.
5. That Thomas Barlow's and Christopher McElroy's appeals of the Decision are without
merit and are denied and the Decision is hereby upheld and approved.
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 19th
day of March, A.D. 2019.
Mayor
ATTEST:
CF roRTC
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