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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. ftyor ATTEST: n City C