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HomeMy WebLinkAboutCROWNE AT OLD TOWN NORTH - PDP170007 - DECISION - CITY COUNCIL6. That the Board's approval of the PDP on June 15, 2017, is modified to add the condition stated above, and with such condition the PDP satisfies and meets the applicable requirements of the Land Use Code. 7. That adoption of this Resolution shall constitute the final action of the City Council in accordance with City Code Section 2-55(g). Passed and adopted at an adjourned meeting of the Council of the City of Fort Collins this 12th day of September, A.D. 2017. Mayor ATTEST: -3- WHEREAS, after discussion, the City Council found and concluded based on the evidence in the record and presented at the September 5, 2017, hearing that the Board did fail to properly interpret and apply Land Use Code Section 3.2.2(C)(4)(b) regarding adequate bicycle parking because the Applicant's proposal for enclosed bicycle parking presented to the Board did not satisfy Section 3.2.2(C)(4)(b); and WHEREAS, Council modified the Board's approval of the PDP on June 15, 2017. to add the following condition: That the redesign proposed by the Applicant adding enclosed bicycle parking spaces to meet the 60 percent requirement using the ground level spaces next to entrances and walkways and using garage spaces or interior corridors, but excluding balconies and outdoor patios, shall be added to the approved PDP; and WHEREAS, Council found that the proposed redesign referenced in the above condition meets the applicable requirements of the Land Use Code; and WHEREAS, Council found that except as stated above, and based upon the evidence in the record and presented at the September 5, 2017, hearing, the Appellant's appeal is without merit and is denied; and WHEREAS, City Code Section 2-55(g) 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 2-55(g) of the City Code, the City Council hereby makes and adopts the following findings of fact and conclusions: 1. That the grounds for appeal stated in the Notice of Appeal conform to the requirements of Section 248 of the City Code. 2. That based on the evidence in the record and presented at the September 5, 2017, Council hearing, the recitals set forth above are adopted as findings of fact. 3. That the Appellant's allegation that the Board failed to conduct a fair hearing is without merit and is denied in its entirety. 4. That the Board did fail to properly interpret and apply Land Use Code Section 3.2.2(C)(4)(b) because the Applicant's proposal for enclosed bicycle parking presented to the Board did not satisfy Section 3.2.2(C)(4)(b). 5. Except as stated, and based upon the evidence in the record and presented at the September 5, 2017. hearing, the Appellant's appeal is otherwise without merit and is denied. -1- RESOLUTION 2017-085 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE APPEAL OF THE PLANNING AND ZONING BOARD DECISION APPROVING THE CROWNE AT OLD TOWN NORTH PROJECT DEVELOPMENT PLAN PDP170007 WHEREAS, on June 15, 2017, the Planning and Zoning Board (the "Board") reviewed and approved the Crowne At Old Town North Project Development Plan PDP170007 (the "I'DP" ); and WHEREAS, on June 28, 2017, Eric Sutherland (the "Appellant") filed an appeal (the "Notice of Appeal") of the P&Z decision with the City Clerk appealing the PDP approval; and WHEREAS, the Notice of Appeal asserted that the Board failed to conduct a fair hearing because it: (1) considered evidence relevant to its findings which was substantially false or grossly misleading; (2) improperly failed to receive all relevant evidence offered by the Appellant; and (3) was biased against the Appellant by reason of a conflict of interest or other close business, personal or social relationship that interfered with the Board's independence of judgment; and WHEREAS, the Notice of Appeal also asserted that the Board failed to properly interpret and apply Land Use Code Section 3.2.2(C)(4)(b) regarding adequate bicycle parking; and WHEREAS, on September 5, 2017, the City Council, after notice given in accordance with Chapter 2, Article II, Division 3, of the City Code, considered the Appeal, reviewed the record on appeal, received new evidence for consideration from the Appellant and City staff, and heard presentations from the Appellant and the opponent of the appeal, the PDP applicant (the "Applicant"); and WHEREAS, after discussion, the City Council found and concluded based on the evidence in the record and presented at the September 5, 2017, hearing that the Board did not fail to conduct a fair hearing on June 15, 2017, because: 1. The Board did not consider evidence relevant to its findings which was substantially false or grossly misleading, and 2. The Board did not improperly fail to receive all relevant evidence offered by the Appellant; and 3. The Board was not biased against the Appellant by reason of a conflict of interest or other close business, personal or social relationship that interfered with the Board's independence of judgment. ; and