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HomeMy WebLinkAboutPVH MEDICAL OFFICE BUILDING & PARKING STRUCTURE - PDP - 14-07 - REPORTS - CITY COUNCIL._ Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th day of November, A.D. 2007. ATTEST: City Clerk Mayor RESOLUTION 2007-100 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO THE APPEAL BY REPRESENTATIVES OF THE UNIVERSITY ACRES NEIGHBORHOOD OF THE SEPTEMBER 20, 2007, DETERMINATION OF THE PLANNING AND ZONING BOARD TO APPROVE WITH CONDITIONS THE POUDRE VALLEY HOSPITAL PARKING STRUCTURE AND MEDICAL OFFICE BUILDING PROJECT DEVELOPMENT PLAN WHEREAS, on September 20, 2007, the City's Planning and Zoning Board (the "Board") approved the Poudre Valley Hospital Parking Structure and Medical Office Building PDP #14-07 (the "Plan"); and WHEREAS, on October 4, 2007, a Notice of Appeal of the Board's decision was filed with the City Clerk by neighbors of the Plan (the "Appellants"); and WHEREAS, on October 24, 2007, an Amended Notice of Appeal of the Board's decision was filed with the City Clerk by the Appellants; and WHEREAS; on November 6, 2007, the City Council, after notice given in accordance with Chapter 2, Article II, Division 3, of the City Code, considered said appeal, reviewed the record on appeal, heard presentations from the Appellants and other parties -in -interest and, after discussion, upheld the decision of the Board, and WHEREAS, City Code Section 2-56(e) 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 2-56(e) of the City Code, the Council hereby makes the following findings of fact and conclusions: 1. That the grounds for appeal as stated in the Appellants' Amended Notice of Appeal conform to the requirements of Section 2-48 of the City Code. 2. That the Planning and Zoning Board held a fair hearing and did not fail to receive all relevant evidence that was offered by the Appellants, nor did it consider evidence relevant to its findings which was substantially false or grossly misleading. 3. That the Planning and Zoning Board did not fail to properly interpret and apply the provisions of the Land Use Code in approving the Plan. ITEM NUMBER: 16 AGENDA ITEM SUMMARY DATE: November 20, 2007 FORT COLLINS CITY COUNCIL STAFF: Ted Shepard SUBJECT Resolution 2007-100 Making Findings of Fact and Conclusions Pertaining to the Appeal by Representatives of the University Acres Neighborhood of the September 20, 2007, Determination of the Planning and Zoning Board to Approve with Conditions the Poudre Valley Hospital Parking Structure and Medical Office Building Project Development Plan. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY On October 24, 2007, an Amended Notice of Appeal was filed regarding the September 20, 2007 decision of the Planning and Zoning Board to approve, with conditions, the Poudre Valley Hospital Parking Garage and Medical Office Building Project Development Plan. On November 6, 2007, City Council voted 5 — 2 to uphold the decision of the Planning and Zoning Board. In order to complete the record regarding this appeal, Council should adopt a Resolution making findings of fact and finalizing its decision on the Appeal. BACKGROUND The Appellants' Notice of Appeal was based on allegations that the Planning and Zoning Board failed to hold a fair hearing and failed to properly interpret and apply relevant provisions of the Land Use Code. At the November 6, 2007 hearing on the matter, Council considered the testimony of City staff, the appellants and the applicants. In subsequent discussion at this hearing, Council determined that: The Planning and Zoning Board held a fair hearing and considered evidence that was not false or grossly misleading, and properly received all relevant evidence. Relevant laws were properly interpreted and applied. Council voted 5 — 2 to uphold the decision of the Planning and Zoning Board.