HomeMy WebLinkAbout1995-131-09/05/1995-2ND FILING ADMINISTRATIVE CHANGE APPEAL PLANNING AND ZONING BOARD WOODLANDS CONDOMINIUMS PUD RESOLUTION 95-131
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 TO OVERTURN
CITY STAFF'S DECISION TO APPROVE AN
ADMINISTRATIVE CHANGE FOR THE
WOODLANDS CONDOMINIUMS P.U.D., SECOND FILING
WHEREAS,on June 26, 1995,the Planning and Zoning Board(the "Board")overturned City
staffs decision to administratively approve a proposed amendment to the Woodlands
Condominiums P.U.D., Second Filing, (the "Project"); and
WHEREAS, a timely Notice of Appeal of the Board's decision was filed with the City Clerk
by Kaufman and Broad Multi-Housing Group, Inc., 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) the Board failed to conduct a fair hearing in that the Board
substantially ignored its previous established rules of procedure and considered evidence relevant
to its findings which was substantially false or grossly misleading,
WHEREAS,on August 22,1995,the City Council considered the foregoing appeal,reviewed
the record on appeal and heard presentations regarding the same; and
WHEREAS, at the hearing on the appeal, the attorney for the Appellants withdrew the
Appellants' allegation that the Board failed to conduct a fair hearing in this matter; and
WHEREAS, at the conclusion of said hearing, the City Council determined that the Board
failed to properly interpret and apply Section 29-526(F)(6)(d) of the Land Development Guidance
System in finding that the proposed amendment to the Woodlands Condominiums P.U.D. Second
Filing constituted a major change to the Project; 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 proposed amendment to the Woodlands Condominiums P.U.D.
Second Filing does not change the character of the Project, increase the problems of traffic
circulation or public utilities associated with the Project, reduce by greater than three percent(3%)
the approved open space for the Project, increase the approved gross leasable floor area of any
commercial buildings in the Project, or increase the approved number of residential dwelling units
in the Project.
Section 2. That,for the foregoing reasons, the proposed amendment does not constitute
"a major change" to the Project and is not subject to review by the Planning and Zoning Board.
Section 3. That the Planning and Zoning Board's decision with regard to the Project is
hereby overturned.
Passed and adopted at a regular meeting of Council of the City of Fort Collins this 5th day
of September, A.D. 1995.
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Mayior
ATTEST:
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City Clerk
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