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HomeMy WebLinkAbout1995-044-03/21/1995-APPEAL CLUSTER DEVELOPMENT PLAN FINDINGS OF FACT PLANNING AND ZONING BOARD PONDS AT OVERLAND TRAIL RESOLUTION 95-44 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 Notice of Appeal of the Board's decision was filed with the City Clerk by Robert W. Davidson, Dennis Stenson, Kirk Fuller and Fort Collins Foothills Coalition, affected parties in interest; and WHEREAS, on March 7, 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 requirements of Section 29-116(l) through (5) and (7) through (10). Section 2. That the Board failed to properly interpret and apply the requirements of Section 29-116(6), in that insufficient evidence was submitted to the Board to support a finding that the Project minimizes the aesthetic impact upon the view of the foothills, as well as the view from the foothills. Section 3. That the decision of the Board is hereby modified by the Council so that the approval of the Project is made subject to the additional condition that further evidence be presented to the Board on the question of whether the entire Project complies with the requirements of Subsection (6). Evidence regarding such compliance is to be presented to the Board no later than the time of the Board's consideration of the first phase of the final subdivision plat for the Project. Based upon its review of this evidence, the Board is to determine whether any changes in the Project are necessary in order to satisfy the requirements of Subsection (6). Such changes may include,but need not be limited to,building heights,number of units,east-west view corridors, and the relocation of Cluster E from the location presently shown of the site plan for the Project. Passed and adopted at a regular meeting::or cil of the C' Fort Collins th' t day of March, A.D., 1995. ATTEST: City Clerk �1