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HomeMy WebLinkAboutTHE DISTRICT @ CAMPUS WEST PDP - APPEAL OF H.O. DECISION - PDP120003 - LEGAL DOCS - CITY COUNCIL2. 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 in the same manner and to the same extent as shown for Building One on the approved PDP plans, and that the fourth story roof of Building One and Building Three must each be pitched so as to reduce the building height along the north elevation of those buildings. C. That Building Two, as designated on the approved PDP, must be designed and constructed so that the roof along the north facade of that building slopes down from its tallest point of 48 feet on its northeast corner to a height of 37 '/2 feet at its northwest comer. d. That all new trees along the entire north property line of the PDP must exceed the minimum tree size specifications described in Land Use Code Section 3.2.1(D)(4), and instead meet the tree size requirements of 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.•_ OF fORTC� -\ .•' '•. ;Z SEAL ;N :• l ATTEST: , )41^•.....•, r) 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 bf 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 II, 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 2-57(g) 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. I NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that, pursuant to Section 2-57(g) of the City Code, the City Council hereby makes the following findings of fact and conclusions: L. That the grounds for appeal as stated in the Notices of Appeal conform to the requirements of Section 2-48 of the City Code.