HomeMy WebLinkAbout1993-124-08/17/1993-APPEAL FINDINGS KEEN PIEPER PLANNING AND ZONING BOARD PRESERVE PUD RESOLUTION 93-124
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE APPEAL FROM A DECISION OF THE PLANNING AND ZONING
BOARD RELATING TO THE PRESERVE PUD FINAL PLAN
WHEREAS, on June 28, 1993, the Planning and Zoning Board ("the Board")
approved the final PUD plan for The Preserve PUD ("The Preserve") ; and
WHEREAS, a Notice of Appeal of the Board's decision was filed with the City
Clerk by Nancy and Jim Pieper and Mary Ellen Keen, which Notice of Appeal was
subsequently amended and refiled with the City Clerk on July 19, 1993; and
WHEREAS, on August 3, 1993, 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
appellants and other parties-in-interest; and
WHEREAS, at the conclusion of said hearing, the Council determined that the
Board's decisions regarding the PUD should be overturned; and
WHEREAS, Section 2-56 of the City Code provides that no later than the date
of its next regular meeting after the hearing of an appeal , the 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
as follows:
Section 1. That the Council hereby finds as follows:
(a) that the grounds for appeal as stated in the appellants' Amended
Notice of Appeal conform to the requirements of Section 2-48 of the
City Code;
(b) that the Board did not fail to conduct a fair hearing on June 28,
1993, because the Board did not substantially ignore its previously
established rules of procedure, since the notice provided to
affected parties of the hearing to be held on June 28, 1993,
conformed to the requirements of the Land Development Guidance
System and afforded said parties a reasonable opportunity to be
heard with regard to the matters to be addressed at said hearing;
and the evidence presented to the Board with regard to the PUD and,
in particular, the proposed height variance was not substantially
false or grossly misleading; and
(c) that the Board abused its discretion in making an arbitrary decision
without the support of competent evidence in the record as to the
building height variance for The Preserve which was granted by the
Board, in that the record on appeal and the evidence presented to
the Board at the hearing on June 28, 1993, failed to establish that
the final PUD plan, which incorporated the height variance, was "as
good as or better than" a final plan with a maximum building height
of 40 feet, and that, in fact, said variance cannot be granted
without substantial detriment to the public good and without
substantially impairing the purposes to be advanced by the Land
Development Guidance System; and
(d) that the Board abused its discretion in that its decision to approve
the final plan for the Preserve PUD was arbitrary and without the
support of competent evidence in the record, since (i) the decision
to approve the final plan included approval of the foregoing
variance which the Council has determined was unwarranted, and (ii)
the scale, bulk and height of the buildings to be constructed
pursuant to the final plan, as submitted, are not compatible with or
sensitive to the immediate environment of the site and neighborhood
adjacent thereto, as required by All Development Criterion No. 2 of
the Land Development Guidance System.
Section 2. That, for the foregoing reasons, the decisions of the Board
approving the building height variance and the final plan for The Preserve PUD
are hereby overturned, and the application for final approval of said PUD is
hereby denied.
Section 3. That, in the event that a revised final plan for The Preserve
PUD is presented to the Board, the Board is directed to carefully consider the
height and mass of the buildings to be constructed on the subject property and
whether the architectural design, scale, bulk and height of said buildings does,
in fact, conform to All Development Criterion No. 2 of the Land Development
Guidance System.
Passed and adopted at a regular meeting of the C it of the of Fort
Collins held this 17th day of August, A.D. 1993.
-Mayor
ATTEST:
40 L
City Clerk
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