HomeMy WebLinkAboutTHE DISTRICT @ CAMPUS WEST PDP - APPEAL OF H.O. DECISION - PDP120003 - CORRESPONDENCE - LEGAL DOCUMENTS (3)APPELLANT: ZETA TAU ALPHA FRATERNITY HOUSING CORPORATION
P.D.P. #120003 (THE DISTRICT AT CAMPUS WEST)
HEARING OFFICER: RICHARD V. LOPEZ
DATE OF ACTION: MAY 7, 2012
SUMMARY OF FACTS
ALLEGATION: FAILURE TO PROPERTY INTERPRET AND APPLY LAND
USE CODE SECTION 3.2.3(A)
In accordance with Section 3.2.3(A) of the City of Fort Collins Land Use Code, "a goal
of this Section is to ensure that site plan elements do not excessively shade adjacent
properties, creating a significant adverse impact upon adjacent property owners." This
standard was ignored by the Hearing Officer.
Instead, and as -noted on page 12 of the Findings, Conclusion and Decision of the Hearing
Officer dated May 7, 2012 ("Findings), the Hearing Officer only took Section 3.2.3(D)
into consideration and only to find that Section 3.2.3(D) "shall not apply to structures
within the Community Commercial district." -See-Findings-at-page-12: While Appellant
does not disagree that Section 3.2.3(D) does not apply to the proposed development, the
remainder of Section 3.2.3 does apply and the stated goal found in Section 3.2.3(A) as
noted above must be a consideration for approval of the proposed development.
It was an error of the Hearing Officer to discount the considerable public testimony,
including shading studies conducted by the public and Appellant, on the grounds that the
Hearing Officer "has no authority to impose the shading standard." See Findings at page
12. While Section 3.23(D) is not applicable, the remaining provisions are and the
Hearing Officer is required to "ensure that the site plan elements do not excessively shade
adjacent property" as set forth in Section 3.2.3(A) and has the authority to impose such
requirements and prevent the proposed development from excessively shading
Appellant's property which creates a significant adverse impact.
ALLEGATION: FAILURE TO PROPERTY INTERPRET AND APPLY LAND
USE CODE SECTION 3.5.1
In accordance with Section 3.5.1(B) of the City of Fort Collins Land Use Code, "in areas
where the existing architectural character is not definitively established, or is not
consistent with the purposes of this Land Use Code, the architecture of new development
shall set an enhanced standard of quality for future projects or redevelopment in the
area."
The Hearing Officer made no finding that the proposed mass and scale of the proposed
development "set an enhanced standard of quality" for the area. Rather, the Hearing
Officer simply found that the "area has no predominant architectural character." See
Findings at page 14. Despite the considerable testimony from the public regarding the
fact that the mass and scale of the proposed building were not compatible with the
existing area, the Hearing Officer failed to establish the standards set forth in Section
3.5.1(B).
(00901528 / 1)
Appellants:
Name
Torben M. Welch (attomey-in-fact)
Address
see above
Phone
see above
Date
May 19, 2012
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ATTACH ADDITIONAL SIGNATURE SHEETS AS NECESSARY
City of Fort Collins
March 2012
Please describe the nature of the relationship of each appellant to the subject of the action of the
Board, Commission or other Decision Maker:
Zeta Tau Alpha Fraternity Housing Corporation (the "Appellant") owns the sorority house which
shall share a boundary with the proposed development. Appellant participated in and gave public
testimony at the administrative hearings related to P.D.P. #120003.
If appellant has alleged that the decision maker considered evidence relevant to its findings that
was substantially false or grossly misleading, describe any new evidence the appellant intends to
submit at the hearing on the appeal in support of this allegation. NO NEW EVIDENCE WILL
BE RECEIVED AT THE HEARING IN SUPPORT OF THIS ALLEGATION UNLESS IT IS
EITHER DESCRIBED BELOW OR OFFERED IN RESPONSE TO QUESTIONS PRESENTED
BY COUNCILMEMBERS AT THE HEARING.
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RECEIVED
MAY 2 1 2012
Action Being Appealed: P.D.P. #120003 (THE DISTRICT AT CAMPUS WEST)
Board, Commission, or Other Decision Maker: RICHARD V. LOPEZ, HEARNG OFFICER
Date of Action: MAY 7, 2012 1
Grounds for Appeal (✓ all that apply):
The board, commission or other decision maker committed one (1) or more of the
following errors:
✓❑ Failure to properly interpret and apply relevant provisions of the City Code, the
Land Use Code and Charter. List Code and/or Charter sections (by section
number only) below:
3.2.3(A) & 3.5.1
Failure to conduct a fair hearing in that:
The board, commission or other decision maker exceeded its authority
or jurisdiction as contained in the Code or Charter,
The board, commission or other decision maker substantially ignored its
previously established rules of procedure;
The board, commission or other decision maker considered evidence
relevant to its findings which was substantially false or grossly
misleading; or
The board, commission or other decision maker improperly failed to
receive all relevant evidence offered by the appellant.
(For each allegation marked above, please attach a separate summary of the facts contained in the
record which support the allegation. Each summary is limited to two pages, Times New Roman 12
point font. Please restate allegation at top of first page of each summary.)
Appellant Representative (if more than one appellant):
Name, address, telephone number(s), and email address of an individual appellant authorized to receive, on behalf of all
appellants, any notice required to be mailed by the City to the appellants regarding the City Attorney's review of the notice
of appeal (City Code Section 2-50).
Zeta Tau Alpha Fraternity Housing Corporation
c/o Messner & Reeves, LLC, Attn: David A. Reeves and Torben M. Welch
1430 Wynkoop Street, Suite 300
Denver, Colorado 80202
Tel: 303.623.1800 RECEIVED
Email: dreeves@messner.com; twelch@messner.com
CITY CLERK'S OFFICE