The URL can be used to link to this page

Home My WebLink AboutTHE DISTRICT @ CAMPUS WEST PDP - APPEAL OF H.O. DECISION - PDP120003 - CITY COUNCIL PACKET - RECOMMENDATION/REPORTOir F�t�ins MEMORANDUM DATE: August 21, 2012 Planning, Development and Transportation Services Current Planning 281 N. College Ave. PO Box 580 Fort Collins, CO 80522-0580 970.221.6750 970.224.6134 - fax f6gov.com/currentplanning TO: Mayor and City Councilmembers FROM: Ted Shepard, Chief Planner" f S THROUGH: Darin Atteberry, City Manager Diane Jones, Deputy City Manager Karen Cumbo, Director, P.D.T. Laurie Kadrich, Interim Director, C.D.N.SV RE: The District at Campus West Appeal — Findings of Fact - August 21, 2012 Council Meeting Agenda Item #25 Question from Leadership Planning Team: Staff is asked to review the directionfndings from Council regarding the third modification: "Along the entire north property line, all new trees must meet or exceed the minimum size requirements as specified in Section 3.2.1(F)(1)' Council recalls that they asked that all new trees exceed the minimum requirements vs. allowance for meeting the minimum requirements. Staff is asked to review and verify this particular modification. Response: Section 3.2.1(F)(1) is the standard that addresses the upsizing of plant material only. It is in the Tree Protection and Replacement section of the Land Use Code. This section requires that plant material be upsized in excess of the minimum standard. In order to comply with this section, all trees must be upsized. This section is in contrast to the Tree Species and Minimum Sizes section of the Land Use Code which establishes the baseline minimum for trees sizes. In other words, at a minimum, all trees along the north property line must be upsized in the following manner: Canopy Shade Trees from 2.0" to 3.0" caliper Ornamental Trees from 1.5" to 2.5" caliper Evergreen Trees from 6' to 8' height. 2. That, in reaching his decision to approve the PDP, the Hearing Officer properly interpreted and applied the Land Use Code except with respect to Land Use Code Section 3.5.1(G)(1)(a)(2), which he failed to properly interpret and apply. 4. That, upon a review of the evidence in the record of the Hearing Officer's decision, and the arguments presented at the hearing on the Appeals, the City Council hereby finds that the PDP meets the requirements of Land Use Code Section 3.5. 1 (G)(1)(a)(2), provided that additional conditions are imposed to reduce the adverse light and shadow impacts from the buildings to be constructed. , 5. That, in order to mitigate impacts and reduce the adverse light and shadow impacts from the buildings to be constructed, the approval of the PDP is hereby conditioned upon the following additional conditions: a. That each of the three (3) residential buildings comprising the PDP must be certified at the Silver level using the Leadership in Energy and Environmental Design ("LEED") for Homes 2008 rating system ("LEED Silver"). b. That the north side of Building Three, as designated in the PDP, must be reduced in height from five (5) to four (4) stories and that the fourth story must feature a pitched roof, so as to reduce the building height at the perimeter of the PDP site in the same manner and to the same extent as shown for Building One on the approved PDP plans. C. That all new trees along the north perimeter of the PDP must meet or exceed the minimum size specifications described in Land Use Code Section 3.2.1(F)(1). Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21 st day of August, A.D. 2012. Mayor Pro Tern ATTEST: City Clerk RESOLUTION 2012-073 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT AND RELATED DETERMINATIONS REGARDING APPEALS OF THE MAY 7, 2012, ADMINISTRATIVE HEARING OFFICER APPROVAL OF THE DISTRICT AT CAMPUS WEST PROJECT DEVELOPMENT PLAN WHEREAS, on May 7, 2012, Administrative Hearing Officer Richard Lopez (the "Hearing Officer") approved the Project Development Plan for The District at Campus West (the "PDP"); and WHEREAS, on May 19, 2012, a Notice of Appeal of the decision of the Hearing Officer was filed in the Office of the City Clerk by Robert M. Meyer ("Meyer"); and WHEREAS, on May 21, 2012, another Notice of Appeal of said decision was filed in the Office of the City Clerk by representatives of Zeta Tau Alpha Fraternity Housing Corporation ("Zeta Tau Alpha"); and WHEREAS, on May 29, 2012, Meyer filed an Amended Notice of Appeal; and WHEREAS, the Zeta Tau Alpha Notice of Appeal alleged that the Hearing Officer, in his approval of the PDP, failed to properly interpret and apply Land Use Code Sections 3.2.3(A) and 3.5.1; and WHEREAS, the Meyer Amended Notice of Appeal alleged that the Hearing Officer, in his approval of the PDP, failed to properly interpret and apply Land Use Code Sections 3.2.3(D) and 3.5.1(B), (C), (D), and (G); and WHEREAS, on July 17, 2012, after notice given in accordance with Chapter 2, Article 11, Division 3, of the City Code, the City Council considered the appeals of Zeta Tau Alpha and Meyer (together, referred to as the "Appeals"), reviewed the record of the Hearing Officer's decision, heard presentations by parties in interest to the Appeals, and, after discussion, found that the Hearing Officer had erred and modified the decision of the Hearing Officer so as to approve the PDP subject to three additional PDP conditions; and WHEREAS, City Code Section 2-56(e) provides that no later than the date of its next regular meeting after the hearing on an appeal, the 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 2-56(e) 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 Notices of Appeal conform to the requirements of Section 2-48 of the City Code. DATE: August 21, 2012 LTIYAWM STAFF: Ted Shepard • - • • Resolution 2012-073 Making Findings of Fact and Related Determinations Regarding Appeals of the May 7, 2012, Administrative Hearing Officer Approval of The District at Campus West Project Development Plan. EXECUTIVE SUMMARY On May 7, 2012, the City of Fort Collins Hearing Officer issued a written decision approving The District at Campus West P.D.P. with one condition ensuring proper vacation of public streets. On May 21, 2012, Zeta Tau Alpha Fraternity Housing Corporation and Robert M. Meyer each filed a Notice of Appeal and on May 29, 2012, each Appellant filed an Amended Notice of Appeal both alleging that the Hearing Officer failed to properly interpret and apply the Land Use Code. On July 17, 2012, City Council voted unanimously to modify the Hearing Officer's decision by requiring the following: 1. All three residential buildings must achieve a L.E.E.D. Silver designation, 2. The north side of Building Three must be reduced in height from five to four stories and feature a pitched roof similar to the roof shown in the approved PDP for Build e, and 3. Along the entire north property line, all new trees mus meet r exceed the minimum size requirements as specified in Section 3.2.1(F)(1). In order finalize this appeal process, Council is required to adopt a Resolution making findings of fact and finalizing its decision on the Appeal. BACKGROUND / DISCUSSION The Appellants' Notices of Appeal were based on allegations that the Hearing Officer failed to properly interpret and apply relevant provisions of the Land Use Code. At the July 17, 2012 hearing on the matter, Council considered the testimony of City staff, the appellants and the applicants. After consideration of the record and discussion, Council determined that the Hearing Officer failed to properly interpret Section 3.5.1(G)(1)(a)(2). This section contains standards relating the impact of light and shadow of buildings over 40 feet in height on adjacent property. Accordingly, City Council then offered a motion that would modify the Hearing Officer's decision by adding the three aforementioned requirements. City Council voted 7 — 0 to approve the motion thus modifying the decision of the Hearing Officer. STAFF RECOMMENDATION Staff recommends adoption of the Resolution.