HomeMy WebLinkAbout1990-142-10/02/1990-APPEAL PLANNING AND ZONING BOARD ROHRBACKER PUD UPHOLDING DECISION RESOLUTION 90-142
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT REGARDING THE APPEAL OF
THE PLANNING AND ZONING BOARD'S APPROVAL OF
THE ROHRBACKER PUD, PRELIMINARY PLAN, AND UPHOLDING
THE DECISION OF THE BOARD
WHEREAS, on July 23, 1990, the Planning and Zoning Board, after notice
and hearing, approved the Rohrbacker PUD, Preliminary Plan( the "PUD") ; and
WHEREAS, on August 6, 1990, Bill Wyatt as attorney for Thomas and
Charlene Bassett, Richard DeCook, Harold S. Fisher, Ron Bauer, John Jervis,
David P. Janssen, Marion T. Allen, Jr. , David G. Joyce, Hayden H.
Standiferd, John R. Valerius, Glen Tucker, Ross Rinker and Vern W. West
(the "Appellants") filed a Notice of Appeal , appealing the aforesaid
decision of the Planning and Zoning Board; and
WHEREAS, on September 18, 1990, 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 the Appellants; and
WHEREAS, upon hearing and after full consideration of the record on
appeal 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 the
Appellants conform to the requirements of Section 2-48 of the City
Code.
2. With respect to the grounds alleged in the Appellants' Notice of
Appeal :
a. The Planning and Zoning Board did not abuse its discretion, and its
decision was not arbitrarily imposed without the support of
competent evidence in the record.
b. The Planning and Zoning Board did not ignore its previously
established rules of procedure.
c. The Planning and Zoning Board did not consider evidence relevant to
its findings which was substantially false or grossly misleading.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the decision of the Planning and Zoning Board of July 23,
1990, approving the Rohrbacker PUD, Preliminary Plan, is hereby upheld.
Passed and adopted at a regular meeting of the Council of the City of
Fort Collins held this 2nd day of October,,A.D. 1990.
Mayor
ATTEST:
City Clerk