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HomeMy WebLinkAbout1996-137-11/12/1996-APPEAL CONCLUSIONS FINDINGS OF FACT OVERALL DEVELOPMENT PLAN PLANNING AND ZONING BOARD PROVINCETOWNE RESOLUTION 96-137 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL OF A DECISION OF THE PLANNING AND ZONING BOARD RELATING TO THE PROVINCETOWNE AMENDED OVERALL DEVELOPMENT PLAN APPEAL WHEREAS, on August 26, 1996, the Planning and Zoning Board ("the Board") approved the Amended Provincetowne Overall Development Plan (the"Project"); and WHEREAS, on September 9, 1996,a Notice of Appeal of the Board's decision was filed with the City Clerk by CDL Partnership, which Appellant subsequently filed an Amended Notice of Appeal on September 20, 1996; and WHEREAS, on September 9, 1996, a Notice of Appeal of the Board's decision was filed with the City Clerk by Brittany Knolls Homeowners, which Appellant filed an Amended Notice of Appeal on September 23, 1996; and WHEREAS, on September 9, 1996, a Notice of Appeal of the Board's decision was filed with the Clerk by Neighbors of Eagle Tree, which Appellant filed an Amended Notice of Appeal on September 24, 1996; and WHEREAS, on October 22, 1996, the City Council, after notice given in accordance with Chapter 2, Article II, Division 3 of the City Code, considered the foregoing appeals, reviewed the record on appeal and heard presentations from the Appellants and other parties-in-interest; and WHEREAS, subsequent to the above-reference hearing, the City Council has received correspondence from the developer of the Project in which the developer has stated its willingness to have the Project remanded to the Board, in part or in its entirety, for the Board's further consideration of Project; and WHEREAS, Section 2-56(e) 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 makes the following findings of fact and conclusions: A. That the grounds for appeal as stated in the Appellants' Amended Notices of Appeal conform to the requirements of Section 2-48 of the City Code; B. The Board did not fail to conduct a fair hearing for any of the reasons stated in the Amended Notices of Appeal; C. That, based upon the Council's consideration of the evidence in the record,the presentations of the parties-in-interest, and the subsequent communication received by the Council from the developer of the Project, as referred to above, the Council hereby remands this matter back to the Board for a full rehearing on the Project, in light of the applicable provisions of the City's Comprehensive Plan; and D. That, in order to ensure that all property owners who may be directly affected by the Project have an opportunity to participate in such hearing, City staff is hereby directed to send notice of the Board's hearing to the owners of all property located within 1,000 feet of the boundary lines of all 330 acres of the Project. E. That in considering the Project at the rehearing, the Planning and Zoning Board should elicit, receive and consider additional information with regard to the number and location of collector streets that will provide access to and from the Project, since it was that aspect of the Project that was of most concern to the majority of the Council. Passed and adopted at a regular meeting of the Council of4hE-City of Fort Col tins-f el�c this 12th day of November, A.D. 1996. c� Mayor ATTEST: City Clerk 2