HomeMy WebLinkAbout1995-078-06/06/1995-APPEAL CLUSTER DEVELOPMENT PLAN FINDINGS OF FACT PLANNING AND ZONING BOARD PONDS AT OVERLAND TRAIL RESOLUTION 95-78
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS
REGARDING AN APPEAL FROM THE DECISION OF THE
PLANNING AND ZONING BOARD APPROVING WITH CONDITIONS
A PROPOSED RESIDENTIAL DEVELOPMENT PROJECT KNOWN AS THE PONDS AT
OVERLAND TRAIL, R-F,FOOTHILLS RESIDENTIAL, CLUSTER DEVELOPMENT PLAN
WHEREAS, on January 23, 1995, the Planning and Zoning Board(the "Board") approved,
with conditions, The Ponds at Overland Trail, R-F Cluster Development Plan (the "Project"); and
WHEREAS, a timely Amended Notice of Appeal of the Board's decision was filed with the
City Clerk by Councilmember Alan R. Apt; and
WHEREAS, on May 30, 1995, the City Council considered the foregoing appeal, reviewed
the record on appeal and heard presentations regarding the same; and
WHEREAS, at the conclusion of said hearing,the City Council modified the decision of the
Board; and
WHEREAS, Section 2-56(c) of the City Code requires 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 as follows:
Section 1. That the Board properly determined that the Project is in compliance with the
requirements of Section 29-116(6), and the Project is hereby approved by the Council, subject to the
provisions of Sections 2 and 3 below.
Section 2. That Condition of Approval No. One imposed by the Planning and Zoning
Board is hereby amended so as to read as follows:
By approval of this Cluster Development Plan, the layout and
densities as shown on the Plan are hereby approved and vested as
provided in Sec. 29-512 ti. seq. of the Code, for the term set forth in
the Annexation Agreement dated September 20, 1994, between and
among the City, Wallace R. Noel and HMN Limited Liability
Company. However, the Applicant must complete, and obtain
approval of,final utility and drainage plans and such other documents
as are required by the City for review and approval of a final
subdivision plat pursuant to Section 29-643 of the Code, before the
Applicant can obtain any building permit or perform any construction
earthwork on the property.
Section 3. Tirat-air additional conditiocrof approval is hereby imposed by the Council
upon the approval of the Project, so that the comments noted on the Architectural Design for the
Ponds at Overland Trail,R-F,Foothills Residential, Cluster Development Plan, are modified to read
as follows:
* Other energy conservation measures shall include R-12\R-30 insulation and
thermal windows.
* Materials such as brick, masonry, stone, tile, composition or wood (properly
maintained) siding shall be the dominant materials for homes at The Ponds.
* Finish materials used at The Ponds shall be finished in earth tones.
* Glass shall not be the dominant material facing east.
* Where used, solid fencing shall be rough cedar, or better, or an extension of
the building architectural materials.
* The area disturbed during construction of homes shall be kept to a minimum
and preservation of undisturbed areas on building sites is encouraged. Where
a site is disturbed by construction, reseeding of native drought-tolerate
grasses and utilization of other native landscape materials is required.
Section 4. That the decision of the Board approving the project is hereby modified by
the Council by the substitution and addition of the foregoing conditions and in all other respects is
hereby upheld by the Council.
Passed and adopted at a regular meeting of Council of the Fort Collins day
of June, A.D., 1995.
Mayor
ATTEST:
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City Clerk