HomeMy WebLinkAbout1994-119-08/02/1994-APPEAL INDIAN HILLS VILLAGE PUD PLANNING AND ZONING BOARD RESOLUTION 94-119
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING AN
APPEAL FROM THE DECISION OF THE PLANNING AND
ZONING BOARD RELATING TO THE INDIAN HILLS
VILLAGE FINAL PUD
WHEREAS, on June 6, 1994, the Planning and Zoning Board ("the Board")
approved, with conditions, the Final Plan for the Indian Hills Village PUD ("the
Project") ; and
WHEREAS, a Notice of Appeal of the Board's decision was filed with the City
Clerk on June 20, 1994, by various parties in interest as defined in Section 2-46
of the City Code; and
WHEREAS, on July 26, 1994, 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
appellants and other parties-in-interest; and
WHEREAS, at the conclusion of said hearing, the Council determined that the
Board's decision regarding the Project should be upheld; and
WHEREAS, Section 2-56 of the City Code provides that no later than the date
of its next regular meeting after the hearing of an appeal , the 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
as follows:
Section 1 . That the Council hereby finds that:
a. the Board did not fail to hold a fair hearing by considering
evidence that was substantially false or grossly misleading;
b. the Board did not fail to hold a fair hearing by exceeding its
jurisdiction;
C. the Board properly interpreted and applied the relevant provisions
of the Land Development Guidance System in approving the Project;
and
d. the Project should be approved; provided, however, that the
recommendations of the City Forester are followed with regard to the
final utility plans for the Project.
Section 2. That the decision of the Board approving the Project is hereby
upheld by the Council upon the conditions previously approved by the Board and
the additional condition that the recommendations of the City Forester, attached
hereto as Exhibit "A, " are incorporated into, and made a part of, the approved
utility plans for the Project.
Passed and adopted at a regular meeting of the Coun of the Cit ort
Collins held this 2nd day of August, A.D. 1994.
r
ATTEST:
City Clerk
EXHIBIT A
Tree Protection Requirements
Indian Hills Village
To ensure the continuation of the existing tree line along the west boundary of
Indian Hills Village, the following protection guidelines should be followed.
Trees With Diameters Greater Than 8"
Provide a six foot wide undisturbed (no grading or filling) tree protection zone
along the west property line. The excavation slope for the drainage channel
should be no greater than 4:1 starting at the existing grade of the east edge of
the six foot tree protection zone. The maximum depth of excavation measured
vertically from the base (natural trunk soil interface) of adjacent trees should
not exceed 18 inches within a zone measured 10 feet from the outer bark of any
adjacent tree over 8 inches diameter. Excavations deeper than 18 inches may
occur beyond this 10 foot zone.
Tree Diameters 8" or Less
Alternative A: Provide a four foot undisturbed (no grading or filling) tree
protection zone along the west property line. The excavation
slope for the drainage channel should be no greater than 4:1
starting at the existing grade of the east edge of the four
foot tree protection zone. The maximum depth of excavation
measured vertically from the base (natural trunk soil
interface) of adjacent trees should not exceed 18 inches
within a zone measured 8 feet from the outer bark of any treL,
8 inches in diameter or less. Excavations deeper than 18
inches may occur beyond the 8 foot zone.
Alternative B: Provide a six foot wide undisturbed (no grading or filling)
tree protection zone along the west property line. A vertical
cut of not more than 18" measured from the base (natural trunk
soil interface) of adjacent trees can be made at the east edge
of the six foot tree protection zone. No excavation greater
than 18 inches should be made within 8 feet from the outer
bark of any tree 8 inches diameter or less. Excavations
deeper than 18 inches may occur beyond this 8 foot zone.
City Forester Date