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HomeMy WebLinkAbout1994-119-08/02/1994-APPEAL INDIAN HILLS VILLAGE PUD PLANNING AND ZONING BOARD RESOLUTION 94-119 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 RELATING TO THE INDIAN HILLS VILLAGE FINAL PUD WHEREAS, on June 6, 1994, the Planning and Zoning Board ("the Board") approved, with conditions, the Final Plan for the Indian Hills Village 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 various parties in interest as defined in Section 2-46 of the City Code; and WHEREAS, on July 26, 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 that: a. the Board did not fail to hold a fair hearing by considering evidence that was substantially false or grossly misleading; b. the Board did not fail to hold a fair hearing by exceeding its jurisdiction; C. the Board properly interpreted and applied the relevant provisions of the Land Development Guidance System in approving the Project; and d. the Project should be approved; provided, however, that the recommendations of the City Forester are followed with regard to the final utility plans for the Project. Section 2. That the decision of the Board approving the Project is hereby upheld by the Council upon the conditions previously approved by the Board and the additional condition that the recommendations of the City Forester, attached hereto as Exhibit "A, " are incorporated into, and made a part of, the approved utility plans for the Project. Passed and adopted at a regular meeting of the Coun of the Cit ort Collins held this 2nd day of August, A.D. 1994. r ATTEST: City Clerk EXHIBIT A Tree Protection Requirements Indian Hills Village To ensure the continuation of the existing tree line along the west boundary of Indian Hills Village, the following protection guidelines should be followed. Trees With Diameters Greater Than 8" Provide a six foot wide undisturbed (no grading or filling) tree protection zone along the west property line. The excavation slope for the drainage channel should be no greater than 4:1 starting at the existing grade of the east edge of the six foot tree protection zone. The maximum depth of excavation measured vertically from the base (natural trunk soil interface) of adjacent trees should not exceed 18 inches within a zone measured 10 feet from the outer bark of any adjacent tree over 8 inches diameter. Excavations deeper than 18 inches may occur beyond this 10 foot zone. Tree Diameters 8" or Less Alternative A: Provide a four foot undisturbed (no grading or filling) tree protection zone along the west property line. The excavation slope for the drainage channel should be no greater than 4:1 starting at the existing grade of the east edge of the four foot tree protection zone. The maximum depth of excavation measured vertically from the base (natural trunk soil interface) of adjacent trees should not exceed 18 inches within a zone measured 8 feet from the outer bark of any treL, 8 inches in diameter or less. Excavations deeper than 18 inches may occur beyond the 8 foot zone. Alternative B: Provide a six foot wide undisturbed (no grading or filling) tree protection zone along the west property line. A vertical cut of not more than 18" measured from the base (natural trunk soil interface) of adjacent trees can be made at the east edge of the six foot tree protection zone. No excavation greater than 18 inches should be made within 8 feet from the outer bark of any tree 8 inches diameter or less. Excavations deeper than 18 inches may occur beyond this 8 foot zone. City Forester Date