HomeMy WebLinkAbout1989-107-05/16/1989-MAKING FINDINGS OF FACT REGARDING THE APPEAL OF THE PLANNING AND ZONING BOARDS DENIAL OF THE WOODLAN RESOLUTION 89-107
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT REGARDING THE
APPEAL OF THE PLANNING AND ZONING BOARD'S
DENIAL OF THE WOODLANDS 4TH FILING PUD, PRELIMINARY PLAN,
AND UPHOLDING THE DECISION OF THE BOARD
WHEREAS, on March 27, 1989, the Planning and Zoning Board, after
notice and hearing, denied the Woodlands 4th Filing PUD, Preliminary Plan;
and
WHEREAS, on April 10, 1989, Rock Creek Partnership, a/k/a Rock Creek
Ranch Partnership, filed a notice of appeal , appealing the aforesaid
decision of the Planning and Zoning Board; and
WHEREAS, on May 2, 1989, the City Council , after notice and hearing in
accordance with Chapter 2, Article II, Division 3 of the City Code,
considered said appeal as filed by Rock Creek Partnership, a/k/a Rock Creek
Ranch Partnership; and
WHEREAS, upon hearing and after full consideration of the evidence as
presented to the Planning and Zoning Board, and after hearing argument
thereon, the Council made the following findings of fact:
1 . The grounds for appeal as stated in the notice of appeal of
Rock Creek Partnership, a/k/a Rock Creek Ranch Partnership,
conform to the requirements of Section 2-48 of the City Code.
2. The Planning and Zoning Board:
a. Did not abuse its discretion, and its decision was not
arbitrarily imposed without the support of competent
evidence in the record and without the proper evaluation
of the full data available;
b. Did not fail to properly interpret and apply relevant
provisions of the Code and Charter, including the Land
Development Guidance System and the Neighborhood
Convenience Shopping Center Guidelines, Policies and
Criteria; and
c. Did not fail to conduct a fair hearing either by: (1)
exceeding its authority or jurisdiction as contained in
the Code and Charter, or (2) substantially ignoring its
previously established rules of procedure.
3. The use as proposed pursuant to the Woodlands 4th Filing PUD,
Preliminary Plan, does not comply with the Neighborhood
Compatibility Criteria Nos. 2 and 3 of the All Development
Criteria of the Land Development Guidance System, and does
not comply with Sections 3.2 and 4. 1 .2 of the Neighborhood
Convenience Shopping Center Guidelines.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the decision of the Planning and Zoning Board of March 27,
1989, denying the Woodlands 4th Filing PUD, Preliminary Plan, is hereby
upheld.
Passed and adopted at a regular meeting of the Council of the City of
Fort Collins held this 16th day of May, A.D. 1 9.
Mayor
A TEST:
2
City Clerk