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HomeMy WebLinkAboutCDOT POUDRE RIVER REST AREA - SITE PLAN ADVISORY REVIEW - 27-04 - REPORTS - CITY COUNCILof Prospect Road and Interstate Highway 25 will actually be improved, since the back-up of traffic onto the Prospect Road ramp and I-25 will be lessened by approximately 66% and because the floodplain concerns expressed by the Board can be resolved by the closing of the rest area by CDOT during times of flooding. 4. That, for the foregoing reason, the decision of the Board disapproving the CDOT Poudre River Rest Area Site Plan Advisory Review is hereby overturned, and the Application is approved. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 16th day of November, A.D. 2004. Mayor ATTEST: City Clerk RESOLUTION 2004-126 OF THE COUNCIL OF THE CITY OF FORT COLUNS MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO THE APPEAL BY THE COLORADO DEPARTMENT OF TRANSPORTATION OF A DECISION OF THE PLANNING AND ZONING BOARD REGARDING THE POUDRE RIVER REST AREA SITE PLAN ADVISORY REVIEW WHEREAS, on August 26, 2004, the City's Planning and Zoning Board (the "Board") disapproved the Colorado Department of Transportation ("CDOT") Poudre River Rest Area Site Plan Advisory Review; and WHEREAS, on September 9, 2004, a Notice of Appeal of the Board's decision was filed with the City Clerk by CDOT (the "Appellant"); and WHEREAS, on October 19, 2004, the City Council, after notice given in accordance with Chapter 2, Article II, Division 3, of the City Code, considered said appeal, reviewed the record on appeal, heard presentations from the Appellant and, after discussion, overturned the decision of the Board; 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. 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 Appellant's Notice of Appeal conform to the requirements of Section 2-48 of the City Code, and that, at the hearing on the Appeal, the Appellant withdrew all of its "fair hearing" grounds that were alleged in the Notice of Appeal. 2. That the Board failed to properly interpret and apply the provisions of Section 31-23-209 of the Colorado Revised Statues in reviewing the location, character and extent of the proposed public facility for the following reasons: (a) The City's Comprehensive Plan supports the location of the Poudre River Rest area site at the location proposed by the CDOT. (b) Both the City Council and the Board agreed that the character element of the statutory provision had been met by the CDOT proposal. (c) The Board failed to properly interpret the extent/impact element of the statutory provision because the traffic impacts at the intersection AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT ITEM NUMBER: 26 DATE: November 16, 2004 STAFF: Cameron Gloss Resolution 2004-126 Making Findings of Fact and Conclusions Pertaining to the Appeal by the Colorado Department of Transportation of a Decision of the Planning and Zoning Board Regarding the Poudre River Rest Area Site Plan Advisory Review. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY On September 9, 2004, an appeal of the August 26, 2004 decision of the Planning and Zoning Board to disapprove the CDOT Poudre River Rest Area Site Plan Advisory Review was filed by Appellant Karla Harding, CDOT Region 4 Transportation Director. On October 19, 2004, City Council voted unanimously to overturn the decision of the Planning and Zoning Board. In order to complete the record regarding this appeal, the Council should adopt a Resolution making findings of fact and finalizing its decision on the appeal. At the October 19, 2004 hearing on this matter, Council considered the testimony of City staff and the Appellants. In subsequent discussion at this hearing, Council determined that the Planning and Zoning Board improperly interpreted and applied relevant laws, that traffic data was properly counted and projected, there was a correct calculation of traffic impact, and that stormwater impacts were correctly calculated and found to comply with the City's applicable standards. City Council voted unanimously to overturn the decision of the Planning and Zoning Board.