HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/07/2000 - POSTPONEMENT OF CONSIDERATION OF THE APPEAL OF THE AGENDA ITEM SUMMARY ITEM NUMBER: 17
DATE: March 7, 2000
FORT COLLINS CITY COUNCIL STAFF:
Stephen Olt
SUBJECT:
Postponement of Consideration of the Appeal of the December 16, 1999, Determination of the
Planning and Zoning Board to Deny a Major Amendment to the South Glen PUD, Second Filing
- Final, Consisting of a Request to Eliminate the Existing Swimming Pool and Bath House
Facility at the east end of the 40 Dwelling Unit Multi-Family Residential Development.
RECOMMENDATION:
Council should consider the appeal based upon the record and relevant provisions of the Code
and Charter, and after consideration, either: (1) remand the matter to the Planning and Zoning
Board or(2) uphold, overturn, or modify the Board's decision.
EXECUTIVE SUMMARY:
This appeal was originally scheduled for the February 1, 2000 Council meeting, but was
postponed to this date at the request of the appellant. The appellant is now requesting another
postponement until April 4, 2000.
ACKGROUND:
On December 16, 1999, the Planning and Zoning Board denied a Major Amendment to the South
Glen PUD, Second Filing — Final, consisting of a request to eliminate the existing swimming
pool and bath house facility at the east end of the 40 dwelling unit multi-family residential
development.
The properly is zoned LMN—Low Density Mixed Use Neighborhood (as of the effective date of
March 28, 1997 for the new Land Use Code). The property is located on the west side of Albion
Way, east of Manhattan Avenue, west of the New Mercer Canal and Burlington Northern
Railroad tracks,and approximately %s mile south of West Horsetooth Road.
On December 30, 1999, a Notice of Appeal was received by the City Clerk's office regarding the
decision of the Planning and Zoning Board. In the Notice of Appeal from the Appellant
Southglen Partnership, LLC, it is alleged that:
♦ The Planning and Zoning Board failed to properly interpret and apply relevant provisions
of the Code and Charter.
♦ The Planning and Zoning Board failed to conduct a fair hearing in that it exceeded its
authority or jurisdiction as contained in the Code or Charter.
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'I'o: Wanda M. Krajicck
City Clerk
City of Fort Collins
From: Ed Stoner
Old Town Square Properties
Fort Collins, Colorado
Re: Southglenn PUD- Major Amendment Appeal
• Dear Wanda:
Pursuant to a request from the adjacent homeowner who wants to be at the appeal hearing, but
will be out of town for Spring Break, I respectfully request a further postponement to the April 4,
2000 City Council Meeting.
Thank Y
You for our consideration.
_
Sincerely
(fs)
Fd Stoner
•
5 Old Town Square,Suite #216 0 Ft.Collins,GWlomdo 80524 4 (970)221-93:32 • Fax(970)221 9341 0 wwwwldnnwnsq.com