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