HomeMy WebLinkAboutASPEN HEIGHTS STUDENT HOUSING PDP - CITY COUNCIL APPEAL - PDP110018 - AGENDA - CORRESPONDENCE-HEARINGOn May 21, 2012, the Hearing Officer conducted a public hearing in consideration of Aspen
Heights PDP. On June 5, 2012, after testimony from the applicant, the public and staff, the
Hearing Officer issued a written decision approving the PDP, with one condition ensuring proper
submittal of a landscape plan for the clubhouse.
On June 19, 2012, Mr. Eric Sutherland filed a Notice of Appeal, which was superseded by an
Amended Notice of Appeal, filed July 10. On June 19, 2012, Tom Lawton and Lori Nitzel filed a
Notice of Appeal, which was superseded by an Amended Notice of Appeal, filed July 10. Both
appeals seek redress of the Hearing Officers decision.
The two appeals allege that the Hearing Officer failed to conduct a fair hearing and that the
Hearing Officer failed to properly interpret and apply relevant provisions of the Land Use Code.
Among several other claims, the Sutherland appeal as amended alleges that the Hearing Officer
failed to follow established procedures because there was no recording made of the administrative
hearing from which a verbatim transcript could be produced. Among other claims, the
Lawton/Nitzel appeal alleges that the Hearing Officer failed to follow established procedures
based on questions raised as to whether signs required to be posted at the site were in place for
the entire period specified in the Land Use Code.
The appeals have been consolidated, and the threshold question of whether the matter should be
remanded for a new hearing has been scheduled for Council consideration pursuant to the
Mayor's authority under City Code Section 2-56(e).
5. Other Business.
6. Adjournment.
Karen Weitkunat, Mayor
Kelly Ohlson, District 5, Mayor Pro Tern
Ben Manvel, District 1
Lisa Poppaw, District 2
Aislinn Kottwitz, District 3
Wade Troxell, District 4
Gerry Horak, District 6
Darin Atteberry, City Manager
Steve Roy, City Attorney
Wanda Nelson, City Clerk
Council Chambers
City Hall West
300 LaPorte Avenue
Fort Collins, Colorado
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ADJOURNED MEETING
July 24, 2012
. 6 p.m.
1. Call Meeting to Order.
2. Roll Call.
3. Resolution 2012-063 Authorizing the City Manager to Execute the 2012 Grant Agreements with
the Federal Aviation Administration for Improvements and Equipment Acquisitions at the Fort
Collins -Loveland Municipal Airport. (staff: Jason Licon, Josh Birks; 3 minute staff presentation; 10
minute discussion)
This Resolution authorizes the City Manager to execute two grant agreements with the Federal
Aviation Administration. The first grant is in the amount of $339,964 and the second grant is in the
amount of $248,000". The first grant will be used to pay the costs of design services for a capital
construction project in 2013 to rehabilitate the general aviation apron aircraft parking area. The
second grant will be used to acquire FAA mandated snow removal equipment.
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"Note: The $248,000 is an estimate at time of agenda printing; the finalized cost will be provided
to Council in its Read -Before packet prior to the July 24 meeting.
4. Resolution 2012-064 Makinq Findinqs of Fact Regarding Two Appeals of the Hearina Officer's
June 5, 2012 Decision to Approve the Aspen Heights Project Development Plan (PDP #110018).
(staff: Ted Shepard; 5 minute presentation; 30 minute discussion
In December 2011, Breckenridge Land Acquisition, LLP, submitted a Project Development Plan
(PDP # 110018) for a combination of single family detached, two-family and multi -family dwellings
in the CCN, Community Commercial North College zone district. As proposed, the project
consists of 221 dwellings on 31 acres, located south of Conifer Street, west of Redwood Street
and north of Old Town North subdivision.