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HomeMy WebLinkAbout1995-129-09/05/1995-APPEAL FINDINGS OF FACT PLANNING AND ZONING BOARD WOODLAND PARK PUD RESOLUTION 95-129 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING AN APPEAL FROM THE DECISION OF THE PLANNING ANTJZONING BOARD APPROVAL OF THE WOODLAND PARK P.U.D. WHEREAS, on July 24, 1335, the Planning and-Zoning Board (the "Board")_approved the Woodland Park P.U.D. (the "Project"); and WHEREAS, a timely Notice of Appeal of the Board's decision was filed with the City Clerk by Sandra Thomas and Scott Courtney, affected parties-in-interest alleging that, in making its decision,the Board: (1)failed to properly interpret or apply the relevant provisions of the Code and Charter, and (2) failed to conduct a fair hearing in that the Board substantially ignored its previous established rules of procedure and failed to receive all relevant evidence offered by the Appellants; and WHEREAS,on August 29, 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 determined that the Board conducted a fair hearing and properly interpreted and applied the relevant provisions of the Code and Charter; 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. The Board did not fail to conduct a fair hearing, either by failing to receive all relevant evidence offered by the Appellants or by substantially ignoring its previously established rules of procedure. Section 2. The Board did not fail to properly interpret and apply relevant provisions of the City Code and Charter, inasmuch as the Project fully complies with the requirements of the Code and Charter, and particularly the Land Development Guidance System. Section 3. That,for the foregoing reasons,the appeal of the Planning and Zoning Board's decision regarding the Project is hereby upheld. Passed and adopted at a regular meeting of Council of th rtjof Fort Collins t ' day of September, A.D. 1995. yor ATTEST: nn City Clerk �— 2