HomeMy WebLinkAbout1994-082-05/17/1994-APPEAL ARAPAHOE FARM TOWNHOMES PUD FINDINGS PLANNING AND ZONING BOARD RESOLUTION 94-82
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE APPEAL FROM THE DECISION OF THE PLANNING AND ZONING
BOARD RELATING TO THE ARAPAHOE FARM TOWNHOMES, FINAL PUD
WHEREAS, on March 28, 1994, the Planning and Zoning Board ("the Board")
approved, with conditions, the Arapahoe Farm Townhomes, Final PUD ("the
Project") ; and
WHEREAS, an Amended Notice of Appeal of the Board's decision was filed with
the City Clerk by Steven Gottschalk, Kevin Walker, Anne Wilberton, Dean Hoag and
Nan McClurg on April 25, 1994; and
WHEREAS, on May 10, 1994, the City Council , after notice given in
accordance with Chapter 2, Article II, Division 3, of the City Code, considered
said appeal , reviewed the record on appeal and heard presentations from the
appellants and other parties-in-interest; and
WHEREAS, at the conclusion of said hearing, the Council determined that the
Board's decision regarding the Project should be upheld, with modifications; and
WHEREAS, Section 2-56 of the City Code provides that no later than the date
of its next regular meeting after the hearing of an appeal , the City Council
shall adopt, by resolution, findings of fact in support of its decision on the
appeal .
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1 . That the Council hereby finds as follows:
(a) that the Board did not fail to conduct a fair hearing by
substantially ignoring its previously established rules of
procedure;
(b) that the Board did not abuse its discretion in approving the
Project, because its decision was supported by competent evidence
presented to the Board at the hearing, as shown by the record of the
hearing;
(c) that the Board did no_t_ fail to cnnduot a fair hearing by considering-
evidence relevant to its findings which was substantially false or
grossly misleading; and
(d) that the Board properly interpreted and applied the relevant
provisions of the City Code in making its decision.
Section 2. That the Council , after considering the evidence and the
arguments presented by the appellants and the parties in interest opposed to the
appeal , has determined that the decision of the Board should be upheld, with the
following modifications:
(a) The landscape plan for the Project shall be modified to include the
provision of additional mature evergreen trees; and
(b) The shingles to be installed on the residential units in the Project
must be determined to be compatible with the surrounding
neighborhoods, with such determination of compatibility to be made
by Mike Pretz, Poudre Fire Authority Battalion Chief; Ron Phillips,
Interim Director of Planning; and Felix Lee, Administrator of
Building Permits and Inspections; provided, however, that the
developer shall not be required to install wood shake shingles in
order for said shingle material to be considered compatible.
Passed and adopted at a regular meeting of the Council of th City of Fort
Collins held this 17th day of May, A.D. 1994.
ayor
ATTEST:
City Clerk