HomeMy WebLinkAbout1994-117-08/02/1994-APPEAL FALCON RIDGE PUD PLANNING AND ZONING BOARD POWERS RESOLUTION 94-117
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING AN
APPEAL TAKEN BY ROBERT B. AND ROSEMARY POWERS FROM
THE DECISION OF THE PLANNING AND ZONING BOARD
RELATING TO THE FALCON RIDGE PUD
WHEREAS, on June 6, 1994, the Planning and Zoning Board ("the Board")
approved,- with conditions,- the- Preliminary Plan for the Falcon Ridqe PUD ("the
Project") ; and
WHEREAS, a Notice of Appeal of the Board's decision was filed with the City
Clerk on June 20, 1994, by Robert B. and Rosemary Powers; and
WHEREAS, on July 19, 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; 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 hold a fair hearing by considering
evidence that was substantially false or grossly misleading;
b. that the Board did not fail to hold a fair hearing by failing to
receive any relevant evidence offered by the appellants;
C. that the Board properly interpreted and applied the relevant
provisions of the Land Development Guidance System in approving the
Project; and
d. that the Council need not consider the allegation by the appellants
that the Board abused its discretion in approving the Project, since
the provisions of Section 2-48 of the City Code were amended prior
to the date of filing of this appeal to eliminate the "abuse of
discretion" grounds as a permissible grounds upon which a decision
of the Board can be appealed to the Council .
Section 2. That the decision of the Board approving the Project is hereby
upheld by the Council , provided, however, that prior to reviewing the Final PUD
Plan for the Project, the Board shall ensure that all plan submittal requirements
under the Land Development Guidance System have been satisfied, including,
without limitation, the requirement contained in Section 29-526(G) (4) (b) (8) that
the plat for the Project contain a certification by an attorney licensed to
practice law in the State of Colorado that the "owners and proprietors" as
defined in Section 31-23-111, C.R.S. , have executed and acknowledged the same in
accordance with Section 31-23-104, C.R.S.
Passed and adopted at a regular meeting of the Council of the City of Fort
Collins held this 2nd day of August, A.D. 1994.
ayor
ATTEST:
City Clerk
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