Loading...
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