HomeMy WebLinkAbout1993-181-11/16/1993-APPEAL FINDINGS PLANNING AND ZONING BOARD PROSPECT/SHIELDS NEIGHBORHOOD SPRING CREEK VILLAGE PUD RESOLUTION 93-181
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 SPRING CREEK VILLAGE PUD AMENDED PRELIMINARY PLAN
WHEREAS, on September 27, 1993, the Planning and Zoning Board ("the Board")
approved the amended preliminary plan for the Spring Creek Village PUD; and
WHEREAS, on October 11, 1993, a Notice of Appeal of the Board's decision
was filed with the City Clerk by Margaret Breen Roach, Richard W. Hoffman, Janice
S. Devore, Ronald S. Hert, Richard Steadman, and the Prospect/Shields
Neighborhood Association, which Notice of Appeal was subsequently amended and
refiled with the City Clerk on October 18, 1993; and
WHEREAS, on November 2, 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
matter should be remanded to the Board for a rehearing; 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 failed to conduct a fair hearing on September 27,
1993, because the Board substantially ignored its previously
established rules of procedure, since the notices provided to
affected parties of the hearing to be held on September 27, 1993,
did not afford said parties a reasonable opportunity to be heard
with regard to the matters to be addressed at said hearing.
Section 2. That, for the foregoing reason, the decision of the Board
approving the amended preliminary plan for the Spring Creek Village PUD is hereby
remanded to the Board for a rehearing by the Board to be held as expeditiously
as is reasonably possible.
Passed and adopted at a regular meeting of the Council of the City of Fort
Collins held this 16th day of November, A.D. 1993.
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