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HomeMy WebLinkAbout1998-140-10/06/1998-MAKING FINDINGS OF FACT REGARDING THE APPEAL OF THE P&Z BOARD DENIAL OF THE HARMONY RIDGE PUD, PHASE RESOLUTION 98-140 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 HARMONY RIDGE P.U.D., PHASE ONE - FINAL WHEREAS, on July 16, 1998, the Planning and Zoning Board (the `Board") denied the Harmony Ridge P.U.D., Phase One - Final (the "Project"); and WHEREAS,on July 30, 1998, a notice of appeal of the Board's decision was filed with the City Clerk by Joe Vansant, Lee A. Stark and G.D. McGarvey (the "Appellants"); and WHEREAS,on August 31, 1998,an amended notice of appeal of the Board's decision was filed with the City Clerk by the Appellants, together with their attorney, March& Liley,P.C.; and WHEREAS,on September 15, 1998,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 both of the appellants and other parties in interest; 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 Section 2-56(e) of the City Code, the Council hereby makes the following findings of fact and conclusions: Section 1. That the grounds for appeal as stated in the Appellants' notices of appeal conform to the requirements of Section 2-48 of the City Code. Section 2. That the Board failed to properly interpret and apply the relevant provisions of the Code. Section 3. That the decision of the Board denying the Project should be overturned and the Project approved upon the additional condition that that certain street located in the Project and identified as Chokecherry Trail must be changed from a private street to a public street and, as a public street, must comply with all City design standards and requirements for public streets. Passed and adopted at a regular meeting of the City Coun ' eld this 6th day-of October, A.D. 1998. fv ayor �i ATTEST: 1 �) .. City Clerk