HomeMy WebLinkAbout1988-188-11/15/1988-APPEAL FINDINGS OF FACT PARK SOUTH PUD MASTER PLAN PLANNING AND ZONING BOARD RESOLUTION 88-188
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT REGARDING THE
APPEAL OF THE PLANNING AND ZONING BOARD
OF THE DENIAL OF THE PARK SOUTH PUD MASTER PLAN, AND
UPHOLDING THE DECISION OF THE BOARD
WHEREAS, on August 22, 1988, the Planning and Zoning Board, after
notice and hearing, denied the Park South PUD Master Plan; and
WHEREAS, on September 6, 1988, Middel Enterprises, Inc. and Park South
Venture filed a notice of appeal , appealing the aforesaid decision of the
Planning and Zoning Board; and
WHEREAS, on November 1 , 1988, 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 Middel Enterprises, Inc. and Park
South Venture; and
WHEREAS, upon hearing and after full consideration of the evidence 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
Middel Enterprises, Inc. and Park South Venture conform to
the requirements of Section 2-48 of the City Code.
2. The Planning and Zoning Board:
a. Did not abuse its discretion, and its decision was not
arbitrary and without the support of competent evidence
in the record;
b. Did not fail to properly interpret and apply relevant
provisions of the Code, including the Land Development
Guidance System and, by incorporation therein, the
Comprehensive Plan and the Land Use Policies Plan of the
City;
c. Did not fail to conduct a fair hearing either by: (1)
considering evidence which was substantially false or
grossly misleading, or (2) by improperly failing to
receive and consider all relevant evidence offered by the
appellants.
3. The use as proposed pursuant to the Park South P.U.D. Master
Plan would create traffic demands which would exceed the
capacity of the street system serving said development, and,
accordingly did not meet the requirements of the Code, and
Council specifically upholds the findings and decision of the
Planning and Zoning Board with respect to the issue of said
traffic demands.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the decision of the Planning and Zoning Board of August 22,
1988, denying the Park South PUD Master Plan, is hereby upheld.
Passed and adopted at a regular meeting of the Council of the City of
Fort Collins held this 15th day of Novemb:iL
Mayor
ATTEST:
City Clerk