HomeMy WebLinkAbout2000-060-04/18/2000-MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF A DECISION OF THE PLANNING AND ZONIN RESOLUTION 2000-60
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE APPEAL OF A DECISION OF THE PLANNING AND ZONING BOARD
RELATING TO THE SOUTH GLEN PUD, SECOND FILING (MAJOR AMENDMENT)
WHEREAS, on December 16, 1999, the City Planning and Zoning Board (the "Board")
denied the major amendment to the South Glen PUD, Second Filing (the "Amendment"); and
WHEREAS, on December 30, 1999, a Notice of Appeal of the Board's decision was filed
with the City Clerk by South Glen Partnership, LLC, (the "Appellant"); and
WHEREAS, the foregoing Notice of Appeal alleges that the Planning and Zoning Board
failed to properly interpret and apply relevant provisions of the City Code and Charter and failed to
conduct a fair hearing; and
WHEREAS, on April 4, 2000, 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, heard presentations from the Appellant and other parties in interest and, after discussion,
decided to overturn the decision of the Planning and Zoning Board; and
WHEREAS,City Code Section 2-56(e)provides that no later than the date of its next regular
meeting after the hearing of an appeal, 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 that, pursuant to City Code Section 2-56(e), the Council hereby makes the following
findings of fact and conclusions:
1. That the grounds for appeal as stated in the Appellant's Notice of Appeal
conform to the requirements of Section 2-48 of the City Code.
2. That, during the course of the hearing,the Appellant withdrew its allegation in
its Notice of Appeal that the Board failed to conduct a fair hearing;accordingly,
the Council made no findings regarding the issue of whether the Board failed to
conduct a fair hearing by exceeding its authority or jurisdiction.
3. That the Board failed to properly interpret and apply the relevant provisions of
the City Code and Charter in denying the Amendment,specifically including the
provisions of Section 2.2.10(B) of the Land Use Code, which require major
amendments to comply with applicable standards contained in Articles 3 and 4
of the Land Use Code, to the maximum extent feasible.
4. That, for the foregoing reasons, the Council hereby overturns the Board's
decision denying the Amendment,and said Amendment is hereby approved by
the Council.
Passed and adopted at a regular meeting of the City Council held this 18th day of April,A.D.
2000.
Mayor
ATTEST:
City Clerk