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
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ATTEST:
City Clerk