HomeMy WebLinkAbout1993-067-05/18/1993-MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE COMBINED APPEALS FROM A DECISION OF THE PLANNI RESOLUTION 93-67
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE COMBINED APPEALS FROM A DECISION OF THE PLANNING AND
ZONING BOARD RELATING TO THE IMPALA VILLAGE PUD
WHEREAS, on March 22, 1993, the Planning and Zoning Board ("the Board")
approved the Impala Village PUD Preliminary Plan ("the Project") ; and
WHEREAS, on April 5, 1993, an appeal of the Board's decision was made by
Sharon Winfree, Patrick Mahoney and Cynthia Combs, which notice of appeal was
subsequently amended and refiled with the City Clerk on April 8, 1993; and
WHEREAS, also on April 5, 1993, an appeal of the Board's decision was made
by Rosemary and Robert Colbert and Rita Wright, which notice of appeal was
subsequently amended and refiled with the City Clerk on April 9, 1993; and
WHEREAS, on May 4, 1993, the City Council , after notice given in accordance
with Chapter 2, Article II, Division 3, of the City Code, considered said
appeals, reviewed the records on appeal and heard arguments from the appellants
and other parties-in-interest.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1. That the Council hereby finds that the grounds for appeal as
stated in the appellants' notices of appeal (as amended) conform to the
requirements of Section 2-48 of the City Code.
Section 2. That the Council further finds that:
(a) in reviewing the Impala Village PUD Preliminary Plan, the
Board denied the appellants in both appeals a fair hearing,
insofar as the Board considered evidence relating to the
condition of the Project's proposed housing units and the
traffic to be generated by the Project which was substantially
false or grossly misleading; and
(b) the Board abused its discretion in finding that the Project
met the "Neighborhood Compatibility" Criteria Nos. 2, 3 and 4
of the "All Development Criteria" of the Land Development
Guidance System (Section 29-526[D] of the City Code) .
Section 3. That, for the foregoing reasons, the decision of the Board
approving the Impala Village PUD Preliminary Plan is hereby overturned, and the
application for approval of said PUD is hereby denied.
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Passed and adopted at a regular meeting of the Council of the City of Fort
Collins held this 18th day of May, A.D. 1993.
ATTEST: Mayor
615)
City Clerk
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