HomeMy WebLinkAboutCOUNCIL - PROCLAMATION - 09/21/1999 - RESOLUTION 99-116 FINALIZING THE CITYS DECISION WI ITEM NUMBER: 13
AGENDA ITEM SUMMARY
DATE: September 21, 1999
is FORT COLLINS CITY COUNCIL STAFF: Bob Blanchard
SUBJECT:
Resolution 99-116 Finalizing the City's Decision with Regard to a Proposed Minor Amendment to
the Greens at Collindale PUD and Making Findings of Fact in Support of Said Decision.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY:
On July, 15, 1999,an appeal of the July 1, 1999 final decision of the Planning and Zoning Board to
deny a referred Minor Amendment for the Greens at Collindale PUD was filed by the Bill Watson
of Landsource, LLC.
After hearing the appeal on September 7, 1999,the City Council entertained a motion to uphold the
decision of the Planning and Zoning Board, and the vote on that motion resulted in a 3-3 tie. No
other motion was made. Accordingly,the decision of the Planning and Zoning Board stands. In
order to complete the record regarding this appeal,the Council should adopt a resolution making
findings of fact and finalizing the appeal.
BACKGROUND:
The appeal was based on Sections 2-48 (1)and(2) c of the Municipal Code:
2-48. Appeal of final decision permitted; effect of appeal; grounds for appeal.
(1) Failure to properly interpret and apply relevant provisions of the Code and
Charter.
and
(2) Failure to conduct a fair hearing in that:
C. The board,commission or other decision maker considered evidence
relevant to its findings which was substantially false or grossly
. misleading.
DATE: September21, 1999 2 ITEM NUMBER: 13
The hearing on the appeal was held on September 7, 1999. At the hearing, the City Council
considered the testimony of City staff,the appellants and opponents of the appeal with regard to the
proposed minor amendment. After discussion, the Council entertained a motion to uphold the
decision of the Planning and Zoning Board. The motion resulted in a 3-3 tie vote and failed to pass.
No other motion was made. Consequently,the decision of the Planning and Zoning Board remains
in effect. The City Code requires that, no later than the next regular Council meeting, the City
Council adopt a resolution making findings of fact with regard to the appeal. This resolution would
finalize the appeal for the purposes of any judicial review of the City's decision regarding the
proposed minor amendment.
RESOLUTION 99-116
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FINALIZING THE CITY'S DECISION WITH REGARD TO A
PROPOSED MINOR AMENDMENT TO THE GREENS AT COLLMDALE PUD
AND MAKING FINDINGS OF FACT IN SUPPORT OF SAID DECISION
WHEREAS, the City's Planning and Zoning Board (the `Board") is authorized, under
Section 2-353(4) of the City Code, to take final action to approve, disapprove or approve with
conditions all planning items in accordance with the City Code and the City Charter, subject to the
appeal procedures contained in Chapter 2,Article II, Division 3 of the Code; and
WHEREAS,on July 1, 1999,the Board considered and denied a proposed minor amendment
to the Greens at Collindale PUD that had been referred to the Board by the City's Director of Current
Planning; and
WHEREAS, on July 15, 1999, an appeal of the Board's decision was filed with the City
Clerk(the"Appeal")pursuant to the provisions of Section 2-49 of the City Code; and
WHEREAS,on September 7, 1999, 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 and heard presentations from the appellant and other parties in interest; and
WHEREAS,at the conclusion of said hearing,the City Council members participating in said
hearing considered and voted upon a motion to uphold the decision of the Board, which motion
failed to gain approval of a majority of the Council members and resulted in a 3-3 tie vote;and
WHEREAS, no other motion was made by Council members at the conclusion of said
hearing; and
WHEREAS, absent a majority vote to the contrary by the members of the Council, the
decision of the Board remains in effect; and
WHEREAS,Section 2-56(e)of the City Code requires that,no later than the date of its next
regular meeting after a hearing on appeal,the City Council shall adopt,by resolution,findings of fact
in support of its decision,and the date of passage of such resolution shall be the date of final action
of the City Council for the purpose of any subsequent judicial review of the decision of the City
Council.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the decision of the Board with regard to the proposed minor amendment to the
Greens at Collindale PUD shall constitute the final decision of the City with regard to said proposed
minor amendment for the purposes of any judicial review of said decision.
•
Passed and adopted at a regular meeting of the City Council held this 21 st day of September,
A.D. 1999.
Mayor
ATTEST:
City Clerk