HomeMy WebLinkAboutDISCOUNT TIRE AT FOSSIL CREEK - PDP/FDP - 26-02 - REPORTS - APPEAL TO CITY COUNCIL[
TEM NUMBER:
At the hearing, a representative of Discount Tire Company mistakenly stated that the normal
hours of operation for the proposed Discount Tire Company building would be from 8:30 p.m. to
5:30 p.m., Monday through Saturday, closed on Sundays (see line 17 through 25 on page 52
continued through lines 1 through 12 of page 53 of the transcript of the hearing). ,
The Appellant contends that the actual hours of operation for all Discount Tire Company stores,
nationwide, is 8:30 a.m. to 6:00 p.m., Monday through Friday, and 8:30 a.m. to 5:00 p.m. on
Saturday.
The attached documents include:
• Clerk's Notice of the Appeal Hearing
• the Amended Notice of Appeal (dated August 8, 2003 and received by the Clerk's office
August 11, 2003);
• the Hearing Officer Decision (decision rendered July 14, 2003);
• the Staff Report for the Discount Tire at Fossil Creek Project Development Plan
(including staff recommendations and supporting documentation);
• a written transcript of the administrative hearing for the Discount Tire at Fossil Creek
Project Development Plan conducted on July 2, 2003.
The procedures for deciding the appeals are described in Chapter 2, Article II, Division 3 of the
City Code.
I
AGENDA ITEM SUMMARY
I
FORT COLLINS CITY COUNCIL
SUBJECT:
ITEM NUMBER: 33
DATE: September 2, 2003
FROM: Troy Jones
Consideration of the Appeal of the July 14, 2003, Determination of the Administrative Hearing
Officer to Impose the Following Condition on the Approval of the Discount Tire at Fossil Creek
Project Development Plan: "The Applicant Shall Include on the Final Plan, the Hours of
Operation of 8:30 a.m. to 5:30 p.m. Monday Through Saturday."
RECOMMENDATION:
Staff recommends that the Council remand the matter for rehearing.
EXECUTIVE SUMMARY:
The Appellant has alleged, as the grounds for appeal, that the Hearing Officer failed to conduct a
fair hearing in that evidence upon which the Hearing Officer based his decision was substantially
false. If the Council finds that the applicant was denied a fair hearing, then, in accordance with
Section 2-56(d) of the Fort Collins City Code, the City Council must remand the matter for
rehearing.
BACKGROUND:
On July 14, 2003, the administrative Hearing Officer approved the Discount Tire at Fossil Creek
Project Development Plan subject to the following conditions:
1. The City shall vacate portions of South College Avenue (SH287) and Fossil Creek
Parkway, as described on the Vacation Request Exhibit dated June 20, 2003.
2. The Applicant shall include on the Final Plan, the hours of operation of 8:30 a.m. to
5:30 p.m. Monday through Saturday.
The property is zoned C - Commercial. The property is located on the southeast corner of South
College Avenue and Fossil Creek Parkway.
On July 24, 2003, a Notice of Appeal was received by the City Clerk's office regarding the
decision of the administrative Hearing Officer. In the Notice of Appeal, the grounds for appeal
were unclear, so at the request of the City Clerk, the applicant filed an Amended Notice of
Appeal. On August 11, 2003, such Amended Notice of Appeal was received by the Clerk's
office. In this Amended Notice of Appeal, the Appellant, James Silhasek of Discount Tire
Company, alleges that the Hearing Officer failed to conduct a fair hearing in that he considered
evidence relevant to the finding which was substantta a se.