HomeMy WebLinkAbout1992-032-02/18/1992-APPEAL FINDINGS PARAGON POINT PUD PLANNING AND ZONING BOARD SOUTHRIDGE GREENS COMMUNITY RESOLUTION 92-32
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS
REGARDING AN APPEAL FROM A DECISION OF THE
PLANNING AND ZONING BOARD RELATING TO
PARAGON POINT PUD
WHEREAS, on December 16, 1991, the Planning and Zoning Board (the "Board")
approved the Paragon Point PUD Overall Development Plan and Phase I Preliminary
Plan; and
WHEREAS, on December 30, 1991, an appeal of the Board's decision was made
by the Southridge Greens Community PUD Association; and
WHEREAS, on February 4, 1992, 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 arguments from the
appellants and other parties in interest.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
1. That the grounds for appeal as stated in the appellant's notice of
appeal dated December 30, 1991, conform to the requirements of Section 2-48 of
the City Code.
2. That the decision of the Board approving the Paragon Point PUD
Overall Development Plan and Phase I Preliminary Plan is hereby upheld by the
Council for the following reasons:
a. The Board did not abuse its discretion in approving the
Overall Development Plan and Phase I Preliminary Plan of Paragon
Point PUD and approving as part of that PUD the extension of
Southridge Greens Boulevard across SouthRidge Golf Course and into
the eastern portion of the PUD. The Board's decision in this regard
is supported by competent evidence in the record and is consistent
with the relevant criteria in the Land Development Guidance System,
including, without limitation, Criteria Nos. 4, 5, 6, 8, 9, 26, 35
and 36. It is also consistent with the previous dedication of
Southridge Greens Boulevard as evidenced on the Southridge Greens
PUD Master Plan, the Greenridge at Southridge Greens PUD plat, the
Greenridge at Southridge Greens PUD, the Tract J Site Plan and the
Plat of the Southridge Golf Course.
b. The Board did not deprive the appellants of a fair
hearing. In reaching its decision, the Board properly considered
all relevant and competent evidence at the hearing and did not base
its decision upon any improper criteria or false or misleading
evidence. The exhibits received by the Board relating to Southridge
Greens Boulevard had been properly adopted by the City pursuant to
the relevant provisions of law. The City's original adoption of
those documents and the Board's subsequent consideration of the same
did not in any way deprive the appellants of due process of law.
The appellants were accorded a full and fair opportunity to express
their concerns and objections to the Board, and the record on appeal
indicates that their objections were appropriately considered by the
Board.
3. That the Board, upon its consideration of the Final Plan for Phase
I of Paragon Point PUD, should reconsider whether the extension and completion
of Southridge Greens Boulevard to Trilby Road might be necessary to fully satisfy
the relevant criteria of the Land Development Guidance System, including, without
limitation, Criteria No. 9 relating to the provision of adequate access for
emergency vehicles.
Passed and adopted at a regular meeting of the Council of the City of Fort
Collins held this 18th day of February, A.D. 1992.
Mayor
ATTTTEEST::
City Clerk �