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HomeMy WebLinkAbout1996-138-11/19/1996-APPEAL CONCLUSIONS FINDINGS OF FACT PARK SOUTH PLANNING AND ZONING BOARD RESOLUTION 96-138 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 PARK SOUTH AMENDED OVERALL DEVELOPMENT PLAN WHEREAS,on September 9, 1996,the Planning and Zoning Board("the Board")approved the Park South Amended Overall Development Plan (the "Project"); and WHEREAS, on September 23, 1996, a Notice of Appeal of the Board's decision was filed with the City Clerk by Betty and Jack Aggers, Earl Noel, and Joseph and Eldine Maixner (the "Appellants"); and WHEREAS, on October 23, 1996, an Amended Notice of Appeal of the Board's decision was filed with the City Clerk; and WHEREAS, on November 5, 1996, the City Council, after notice was given in accordance with Chapter 2, Article II, Division 3 of the City Code, considered the foregoing 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 City Council determined that the decision of the Planning and Zoning Board should be upheld and that the Amended Overall Development Plan for the Project should be approved; and WHEREAS, Section 2-56(e) of the City Code provides that no later than the date of its next regular meeting, the City Council shall adopt, by resolution, findings of fact in support of its decision. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Council hereby makes the following findings of fact and conclusions: 1. That the Board did not fail to conduct a fair hearing for any of the reasons stated in the Notice of Appeal; 2. That the Board did not fail to properly interpret and apply the relevant provisions of the City Code or Charter in approving the Park South Amended Overall Development Plan; 3. That the Park South Amended Overall Development Plan is in conformance with the City's Comprehensive Plan and, in particular,the amended portions thereof are consistent with Land Use Policies 3.a., 3.d., 79.a., 79.b., 79.c., 79.d., and 79.e. of the City's Land Use Policies Plan; and 4. That, for the foregoing reasons, the Park South Amended Overall Development Plan is hereby approved. Passed and adopted at a regular meeting of the Council oo'� ity of Fort Col ' eld this 19th day of November, A.D. 1996. Mayor ;1 ;ATTE r y Cle ` 2