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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. 5 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 2