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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 2