HomeMy WebLinkAbout1993-199-12/21/1993-APPEAL FINDINGS KEEN PIEPER PLANNING AND ZONING BOARD PRESERVE PUD RESOLUTION 93-199
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 REVISED FINAL PLAN FOR THE PRESERVE PUD
WHEREAS, on October 25, 1993, the Planning and Zoning Board ("the Board")
approved the revised 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 on November 5, 1993; and
WHEREAS, on December 14, 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 decision regarding the revised Final PUD Plan for the Preserve should be
upheld; 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 Board did not exceed its jurisdiction in
reviewing the revised Final PUD Plan for the Preserve,
nor did the Board fail to properly receive all relevant
evidence offered at the hearing; accordingly, the Board
did not fail to conduct a fair hearing with regard to
this matter; and
(b) that the Board did not abuse its discretion in approving
the revised Final PUD Plan for the Preserve because its
decision was supported by competent evidence presented
to the Board at the hearing, as shown by the record of
the hearing.
Section 2. That, for the foregoing reasons, the decision of the Board
approving the revised Final PUD Plan for the Preserve is hereby upheld, and this
appeal is denied.
Passed and adopted at a regular meeting of the Council of the C' f Fort
Collins held this 21st day of December, A.D. 1993
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ATTEST:
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