HomeMy WebLinkAbout1995-010-01/17/1995-APPEALS FINDINGS WATERGLEN FINAL PUD RESOLUTION 95-10
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS
REGARDING TWO APPEALS FROM THE DECISION OF THE
PLANNING AND ZONING BOARD APPROVING WATERGLEN FINAL P.U.D.
WHEREAS, on October 24, 1994, the Planning and Zoning Board (the "Board")
approved, with conditions, the Waterglen P.U.D.-Final (the 'Project"); and
WHEREAS, on November 1, 1994 Councilmember Alan Apt filed a Notice of Appeal
(the "Apt Appeal") of the Board's decision; and
WHEREAS, another Notice of Appeal (the 'Rice Appeal") of the Board's decision was
filed with the City Clerk on November 7, 1994, by Doug Rice, Roger McConnell and Lisa Rice
with an amended Notice of Appeal filed on December 14, 1994; and
WHEREAS, on January 3, 1995, the City Council considered both the Apt and the Rice
Appeals, 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
decision 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 appeals.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That as to the Apt Appeal, the Council finds that the Board did not fail to
properly interpret and apply those provisions of the Land Development Guidance System which
were placed at issue by such appeal.
Section 2. That as to the Rice Appeal, the Council finds that the Board did not fail
to properly interpret and apply those other provisions of the Land Development Guidance
Systems referenced in the amended Notice of Appeal, and that the Board did not, in making its
decision, consider evidence relevant to its findings which was substantially false or grossly
misleading.
Section 3. That the decision of the Board in approving the Project is hereby upheld
by the Council.
Passed and adopted at a regular meeting of Council of the City of Fort Collins this 17th
day of January, A.D., 1995.
4-1 �or `
ATTEST:
Q 2l, f )City Clerk