HomeMy WebLinkAboutTHE SUMMIT ON COLLEGE PARKING GARAGE - MJA/FDP ..... 9/04/2014 REMAND HEARING DECISION - FDP130056 - REPORTS - CITY STAFFQuestions for Council
• Did the Hearing Officer fail to conduct a fair
hearing?
• Did the Hearing Officer fail to properly
interpret and apply relevant provisions of the
Code?
CI
FL tty of
A�5
Allegations on Appeal
"Assessing compatibility of the physical characteristics
of a proposed building within the context of its
surrounding area must include a comparison with other
buildings in the area. "
Hearing Officer's Finding of Fact:
In paragraph 12 of the Finding of Fact the Hearing
Officer addresses the number of parking spaces but not
the size of the building in terms of compatibility.
Verbatim Transcript:
Discussion on page 7 - 8.
12
,F�`ortCollins
Allegations on Appeal
"The hearing officer received and considered evidence
from the applicant that the "project" was compatible
under applicable zoning even though the basis for the
statement was simply a few architectural features. "
Hearing Officer's Finding of Fact:
In paragraph 12 of the Finding of Fact the Hearing
Officer addresses the number of parking spaces but not
the size of the building in terms of compatibility.
Verbatim Transcript:
Discussion on page 7 - 8.
Gt or
Fort Collins
�r
Allegations on Appeal
"The applicant submitted a grossly inaccurate,
obviously staged photograph in an attempt to minimize
the effect of the proposed structure on the view of the
mountains from appellants' leased property."
Hearing Officer's Decision and Finding of Fact:
The alleged photo was not referenced in the Decision
and Finding of Fact and was not presented at the
remand hearing.
Record:
�di rnaterial presented by the Applicant
Attachment 7.
10
is found in
F ,`ort�l�s
Allegations on Appeal
"While the evidence may have shown that the
Alternative Design was better than the original design in
protecting the viewsheds, it did not show that the
Alternative Design best achieves it. "
;-fearing Officer's Finding of Fact:
Paragraph 10: "The Hearing Officer finds that the
Alternative Design best achieves the purpose of Section
3.4.1 of the LUC, in that the Alternative Design will best
protect the Spring Creek viewsheds on the site and in
the vicinity of the site. "
Fort Collins
' �1
Allegations on Appeal
"The hearing officer exceeded his authority and
jurisdiction by not adhering to the intent of the City
Council in its remand ... the Alternative Design is closer
to the minimum number of spaces called for in the
interim ordinance, the decision does not conclude it is
enough of a reduction to be compatible with existing
neighborhoods and uses, as it must be."
Hearing Officer's Finding of Fact:
Paragraph 12: The Hearing Officer concludes that City
Council intended that the Hearing Officer interpret and
apply Section 3.5. 1 (J) (7) ... [and] the Alternative Design
is closer to the minimum parking requirement. "
city at
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Allegations on Appeal
"The hearing officer received no land -oriented
justification for the number of parking spaces to exceed
the new TOD parking requirement, which the hearing
officer approved although the intent and purpose of the
TOD is to have limited parking and vehicle use."
Hearing Officer's Finding of Fact:
Paragraph 12: "The Hearing Officer concludes that the
total of 442 parking spaces included in the Alternative
Design is closer to the minimum parking requirement
set forth in Section 3.2.2(K)(1)(a) of the LUC."
Verbatim Transcript:
Discussion on page 11 — 13.
City of
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Allegations on Appeal
"Does the proposed design comply with LUC 3.4. 1(1)(2)
`Projects shall be designed to minimize the obstruction
of scenic views to and from the natural features within
the site'? If so, what evidence supports this finding?"
Hearing Officer's Finding of Fact:
Paragraph 10: "The Alternative Design will enhance
existing views to and from the Spring Creek Corridor by
providing increased green screening, landscaping, trees
and other plantings"
Verbatim Transcript:
Discussion on page 11 - 13.
M
City of
F�t�ollins
Notices of Appeal
Two Appellants filed notices of appeal on grounds:
• Failure to conduct a fair hearing; and
• Failure to properly interpret and apply the Code;
City of
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Background
• March 5, 2014 Hearnq Approved
— Appealed
• May 20, 2014 Appeal Hearing: Remanded
— Number of parking spaces (Sec. 3.5.1(J))
— Viewshed from Spring Creek (Sec. 3.4.1(1)(2))
• September 4, 2014 Remand Hearing: Approved
— Appealed
• December 2, 2014 Remand Appeal Hearing
City of
Fort C�olli�ns
3
Project Description
Hearing Date
March 5, 2014
September 4,
2014
# Parking
Spaces in
440
345
Structure
# Parking
535
442
Spaces Total
Building Height
31/2 Stories
2 1/2 Stories
city of
�t�S
2
The Summit
on College
Proposed
Parking
Structure
Site Location
City Council Hearing —December 2, 2014
Consideration of two Appeals of the remand Decision to Approve
the Summit on College Parking Structure
City of
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