HomeMy WebLinkAbout1999-116-09/21/1999-FINALIZING THE CITY DECISION WITH REGARD TO A PROPOSED MINOR AMENDMENT TO THE GREENS AT COLLINDALE P RESOLUTION 99-116
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FINALIZING THE CITY'S DECISION WITH REGARD TO A
PROPOSED MINOR AMENDMENT TO THE GREENS AT COLLINDALE PUD
AND MAKING FINDINGS OF FACT IN SUPPORT OF SAID DECISION
WHEREAS, the City's Planning and Zoning Board (the `Board") is authorized, under
Section 2-353(4) of the City Code, to take final action to approve, disapprove or approve with
conditions all planning items in accordance with the City Code and the City Charter, subject to the
appeal procedures contained in Chapter 2, Article II, Division 3 of the Code; and
WHEREAS,on July 1, 1999,the Board considered and denied a proposed minor amendment
to the Greens at Collindale PUD that had been referred to the Board by the City's Director of Current
Planning; and
WHEREAS, on July 15, 1999, an appeal of the Board's decision was filed with the City
Clerk (the "Appeal") pursuant to the provisions of Section 2-49 of the City Code; and
WHEREAS,on September 7, 1999, 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 appellant and other parties in interest; and
WHEREAS,at the conclusion of said hearing,the City Council members participating in said
hearing considered and voted upon a motion to uphold the decision of the Board, which motion
failed to gain approval of a majority of the Council members and resulted in a 3-3 tie vote; and
WHEREAS, no other motion was made by Council members at the conclusion of said
hearing; and
WHEREAS, absent a majority vote to the contrary by the members of the Council, the
decision of the Board remains in effect; and
WHEREAS, Section 2-56(e) of the City Code requires that,no later than the date of its next
regular meeting after a hearing on appeal,the City Council shall adopt,by resolution,findings of fact
in support of its decision, and the date of passage of such resolution shall be the date of final action
of the City Council for the purpose of any subsequent judicial review of the decision of the City
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the decision of the Board with regard to the proposed minor amendment to the
Greens at Collindale PUD shall constitute the final decision of the City with regard to said proposed
minor amendment for the purposes of any judicial review of said decision.
Passed and adopted at a regular meeting of the City Council held this 21 st day of September,
A.D. 1999.
Mavor pro Tom
ATTEST:
City Clerk