Loading...
HomeMy WebLinkAboutTHE DISTRICT @ CAMPUS WEST PDP - APPEAL OF H.O. DECISION - PDP120003 - CORRESPONDENCE - LEGAL DOCUMENTS (3)APPELLANT: ZETA TAU ALPHA FRATERNITY HOUSING CORPORATION P.D.P. #120003 (THE DISTRICT AT CAMPUS WEST) HEARING OFFICER: RICHARD V. LOPEZ DATE OF ACTION: MAY 7, 2012 SUMMARY OF FACTS ALLEGATION: FAILURE TO PROPERTY INTERPRET AND APPLY LAND USE CODE SECTION 3.2.3(A) In accordance with Section 3.2.3(A) of the City of Fort Collins Land Use Code, "a goal of this Section is to ensure that site plan elements do not excessively shade adjacent properties, creating a significant adverse impact upon adjacent property owners." This standard was ignored by the Hearing Officer. Instead, and as -noted on page 12 of the Findings, Conclusion and Decision of the Hearing Officer dated May 7, 2012 ("Findings), the Hearing Officer only took Section 3.2.3(D) into consideration and only to find that Section 3.2.3(D) "shall not apply to structures within the Community Commercial district." -See-Findings-at-page-12: While Appellant does not disagree that Section 3.2.3(D) does not apply to the proposed development, the remainder of Section 3.2.3 does apply and the stated goal found in Section 3.2.3(A) as noted above must be a consideration for approval of the proposed development. It was an error of the Hearing Officer to discount the considerable public testimony, including shading studies conducted by the public and Appellant, on the grounds that the Hearing Officer "has no authority to impose the shading standard." See Findings at page 12. While Section 3.23(D) is not applicable, the remaining provisions are and the Hearing Officer is required to "ensure that the site plan elements do not excessively shade adjacent property" as set forth in Section 3.2.3(A) and has the authority to impose such requirements and prevent the proposed development from excessively shading Appellant's property which creates a significant adverse impact. ALLEGATION: FAILURE TO PROPERTY INTERPRET AND APPLY LAND USE CODE SECTION 3.5.1 In accordance with Section 3.5.1(B) of the City of Fort Collins Land Use Code, "in areas where the existing architectural character is not definitively established, or is not consistent with the purposes of this Land Use Code, the architecture of new development shall set an enhanced standard of quality for future projects or redevelopment in the area." The Hearing Officer made no finding that the proposed mass and scale of the proposed development "set an enhanced standard of quality" for the area. Rather, the Hearing Officer simply found that the "area has no predominant architectural character." See Findings at page 14. Despite the considerable testimony from the public regarding the fact that the mass and scale of the proposed building were not compatible with the existing area, the Hearing Officer failed to establish the standards set forth in Section 3.5.1(B). (00901528 / 1) Appellants: Name Torben M. Welch (attomey-in-fact) Address see above Phone see above Date May 19, 2012 Signature Name Address Phone Date Signature Name Address Phone Date Signature Name Address Phone Date Signature Name Address Phone Date Signature Name Address Phone Date Appellants: Signature Name Address Phone Date Signature Name Address Phone Date Signature Name Address Phone Date Signature Name Address Phone Date Signature Name Address Phone Date Signature Name Address Phone Date ATTACH ADDITIONAL SIGNATURE SHEETS AS NECESSARY City of Fort Collins March 2012 Please describe the nature of the relationship of each appellant to the subject of the action of the Board, Commission or other Decision Maker: Zeta Tau Alpha Fraternity Housing Corporation (the "Appellant") owns the sorority house which shall share a boundary with the proposed development. Appellant participated in and gave public testimony at the administrative hearings related to P.D.P. #120003. If appellant has alleged that the decision maker considered evidence relevant to its findings that was substantially false or grossly misleading, describe any new evidence the appellant intends to submit at the hearing on the appeal in support of this allegation. NO NEW EVIDENCE WILL BE RECEIVED AT THE HEARING IN SUPPORT OF THIS ALLEGATION UNLESS IT IS EITHER DESCRIBED BELOW OR OFFERED IN RESPONSE TO QUESTIONS PRESENTED BY COUNCILMEMBERS AT THE HEARING. �rt io�y RECEIVED MAY 2 1 2012 Action Being Appealed: P.D.P. #120003 (THE DISTRICT AT CAMPUS WEST) Board, Commission, or Other Decision Maker: RICHARD V. LOPEZ, HEARNG OFFICER Date of Action: MAY 7, 2012 1 Grounds for Appeal (✓ all that apply): The board, commission or other decision maker committed one (1) or more of the following errors: ✓❑ Failure to properly interpret and apply relevant provisions of the City Code, the Land Use Code and Charter. List Code and/or Charter sections (by section number only) below: 3.2.3(A) & 3.5.1 Failure to conduct a fair hearing in that: The board, commission or other decision maker exceeded its authority or jurisdiction as contained in the Code or Charter, The board, commission or other decision maker substantially ignored its previously established rules of procedure; The board, commission or other decision maker considered evidence relevant to its findings which was substantially false or grossly misleading; or The board, commission or other decision maker improperly failed to receive all relevant evidence offered by the appellant. (For each allegation marked above, please attach a separate summary of the facts contained in the record which support the allegation. Each summary is limited to two pages, Times New Roman 12 point font. Please restate allegation at top of first page of each summary.) Appellant Representative (if more than one appellant): Name, address, telephone number(s), and email address of an individual appellant authorized to receive, on behalf of all appellants, any notice required to be mailed by the City to the appellants regarding the City Attorney's review of the notice of appeal (City Code Section 2-50). Zeta Tau Alpha Fraternity Housing Corporation c/o Messner & Reeves, LLC, Attn: David A. Reeves and Torben M. Welch 1430 Wynkoop Street, Suite 300 Denver, Colorado 80202 Tel: 303.623.1800 RECEIVED Email: dreeves@messner.com; twelch@messner.com CITY CLERK'S OFFICE