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HomeMy WebLinkAbout1994-032-02/15/1994-APPEAL FOSSIL CREEK ESTATES PUD PLANNING AND ZONING BOARD ROBBINS RESOLUTION 94-32 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL FROM A DECISION OF THE PLANNING AND ZONING BOARD RELATING TO THE PRELIMINARY PLAN FOR THE FOSSIL CREEK ESTATES PUD WHEREAS, on December 16, 1993, the Planning and Zoning Board ("the Board") approved the preliminary plan for the Fossil Creek Estates PUD ("the Project") ; and WHEREAS, an Amended Notice of Appeal of the Board's decision was filed with the City Clerk by James W. Robbins and Sandra C. Robbins on January 10, 1994; and WHEREAS, on February 1, 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 decisions 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 exceed its authority or jurisdiction in reviewing the Project, and, accordingly, the Board did not fail to conduct a fair hearing with regard to this matter; and (b) that the Board did not abuse its discretion in approving the Project because its decision was supported by competent evidence presented to the Board at the hearing, as shown by the record of the hearing. Section 2. That, for the foregoing reasons, the decision of the Board approving the Project is hereby upheld, and this appeal is denied. Passed and adopted at a regular meeting of the rpcil of the of Fort Collins held this 15th day of February, A . 199 c G� ATTEST: City Clerk