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Home My WebLink AboutCAPSTONE COTTAGES - PDP - PDP140004 - REPORTS - CITY COUNCILAgenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY March 1, 2016 City Council STAFF Pete Wray, Senior City Planner SUBJECT Resolution 2016-019 Making Findings of Fact and Conclusions of Law Regarding the Appeal of the Hearing Officer Decision Approving the Capstone Cottages Project Development Plan, PDP 140004. EXECUTIVE SUMMARY The purpose of this item is to make Findings of Fact and Conclusions regarding the appeal of the Administrative Hearing Officer’s decision to approve the Capstone Cottages Project Development Plan. The appeal was heard by City Council on February 16, 2016. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION On December 3, 2015, the Administrative Hearing Officer considered the application for the Capstone Cottages Project Development Plan (PDP) at a Type I Hearing. On December 17, the Hearing Officer rendered a decision to approve the PDP, including a modification of standard as proposed. On December 30, 2015, two appellants filed a Notice of Appeal with two assertions regarding the Administrative Hearing Officer’s decision as follows: 1. The Hearing Officer failed to conduct a fair hearing in that she substantially ignored previously established rules of procedure, and was biased against the appellant 2. The Hearing Officer failed to properly interpret and apply relevant provisions of the Land Use Code, specifically:  Article 3, Section 3.5.1 - Building and Project Compatibility  Article 3, Section 3.6.4 - Transportation Level of Service Requirements On February 16, 2016, City Council considered the record on appeal and testimony from the applicant and parties-in-interest in light of the applicable Land Use Code standards. City Council upheld the Hearing Officer’s approval of the PDP with a modification eliminating the condition described as condition “c” in the Administrative Approval (which requires removal of the roadway connection between the PDP and the Andersonville neighborhood to the north of the PDP from the PDP, leaving a trail connection only), and by requiring bollards be installed as part of the construction of said roadway connection, not to be removed without further Council action. -1- RESOLUTION 2016-019 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE APPEAL OF THE HEARING OFFICER DECISION APPROVING THE CAPSTONE COTTAGES PROJECT DEVELOPMENT PLAN, PDP140004 WHEREAS, on December 3, 2015, the Capstone Cottages Project Development Plan PDP140004 (the “PDP”) was reviewed at a public hearing by Hearing Officer Kendra Carberry (the “Hearing Officer”); and WHEREAS, on December 17, 2015, the Hearing Officer issued a written decision (the “Administrative Approval”) approving the PDP with conditions; and WHEREAS, on December 30, 2015, Jerry Gavaldon and Betty Aragon-Mitotes (the “Appellants”) filed a Notice of Appeal of the Administrative Approval with the City Clerk; and WHEREAS, the Notice of Appeal asserted that the Hearing Officer failed to conduct a fair hearing because she: (1) Substantially ignored previously established rules of procedure; and (2) Was biased against the Appellants by reason of a conflict of interest or other close business, personal or social relationship that interfered with the decision maker’s independence of judgment; and WHEREAS, the Notice of Appeal also asserted that the Hearing Officer failed to properly interpret and apply the Land Use Code in rendering the Administrative Approval, specifically Land Use Code Section 3.5.1, Building and Project Compatibility, and Section 3.6.4, Transportation Level of Service; and WHEREAS, on February 16, 2016, 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 and the applicable Land Use Code provisions, and heard presentations from the representatives for the PDP and the Appellants (the “Council Hearing”); and WHEREAS, after discussion, the City Council found and concluded based on the evidence in the record and presented at the Council Hearing that: 1. The Hearing Officer did not fail to conduct a fair hearing on December 3, 2015; and 2. The Hearing Officer did not fail to properly interpret and apply the Land Use Code when she approved the PDP; and 3. The Administrative Approval shall be modified by eliminating the condition described as condition “c” in the Administrative Approval (which requires removal of the roadway connection between the PDP and the Andersonville neighborhood to the north of the PDP from the PDP, leaving a trail connection only), and by requiring bollards be -2- installed as part of the construction of said roadway connection, not to be removed without further Council action; and 4. Except as to the stated modification, the 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: Section 1. That the grounds for appeal as stated in the Notice of Appeal conform to the requirements of Section 2-48 of the City Code. Section 2. That based on the evidence in the record and presented at the Council Hearing, the recitals set forth above are adopted as findings of fact. Section 3. That the Hearing Officer did not fail to conduct a fair hearing on December 3, 2015. Section 4. That based on the evidence in the record and presented at the Council Hearing, the Decision is hereby modified by eliminating the condition described as condition “c” in the Administrative Approval (which requires removal of the roadway connection between the PDP and the Andersonville neighborhood to the north of the PDP from the PDP, leaving a trail connection only), and by requiring bollards be installed as part of the construction of said roadway connection, not to be removed without further Council action. Section 5. That the Land Use Code was properly interpreted and applied by the Hearing Officer when she approved PDP14-0004 in her Decision issued on December 17, 2015, and that, except as modified by this Resolution, the Appeal is found to be without merit and is denied. Section 6. That adoption of this Resolution shall constitute the final action of the City Council in accordance with City Code Section 2-55(g). -3- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 1st day of March, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk