HomeMy WebLinkAbout1994-033-02/15/1994-APPEAL PLANNING AND ZONING BOARD ROACH SPRING CREEK VILLAGE PUD RESOLUTION 94-33
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
SPRING CREEK VILLAGE PUD
WHEREAS, on December 16, 1993, the Planning and Zoning Board ("the Board")
approved the preliminary plan for the Spring Creek Village PUD ("the Project") ;
and
WHEREAS, a Notice of Appeal of the Board's decision was filed with the City
Clerk by Margaret Breen Roach, et al . , on December 30, 1993; 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 overturned; 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 failed to properly interpret and apply
the relevant provisions of the Code of the City in
increasing the number of unrelated persons who may
reside in certain individual dwelling units in the
Project, because the preliminary plan for the Project
failed to provide such additional open space,
recreational areas, parking spaces and public facilities
as would be necessary to adequately serve the occupants
of the development and protect the adjacent
neighborhood;
(b) that the Board failed to properly interpret and apply
the relevant provisions of the Code of the City when it
concluded that all of the "All Development Criteria" of
Section 29-526 (the Land Development Guidance System)
had been satisfied; and
(c) that the evidence in the record indicates that All
Development Criteria No. 2, No. 3 and No. 40 have not,
in fact, been satisfied by the preliminary plan for the
Project.
Section 2. That, for the foregoing reasons, the decisions of the Board
increasing the number of unrelated persons who may reside in certain individual
dwelling units to four, and approving the preliminary plan for the Project, are
hereby overturned; that this appeal is upheld; and that the approval of the
preliminary plan for the Project is hereby denied.
Passed and adopted at a regular meeting of t cil of the f Fort
Collins held this 15th day of February, A.D. 4.
Mayor
ATTEST:
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