HomeMy WebLinkAbout1991-141-11/05/1991-APPEAL FINDINGS OF FACT LAURIE SUBDIVISION PUD PLANNING AND ZONING BOARD PRELIMINARY PLAN RESOLUTION 91-141
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT REGARDING THE APPEAL OF
THE PLANNING AND ZONING BOARD'S APPROVAL OF THE
LAURIE SUBDIVISION PUD, PRELIMINARY PLAN, AND
UPHOLDING THE DECISION OF THE BOARD
WHEREAS, on August 26, 1991, the Planning and Zoning Board, after notice
and hearing, approved the Laurie Subdivision PUD, Preliminary Plan (the "PUD") ;
and
WHEREAS, on September 9, 1991, Ginger L. Hitz (the "Appellant") filed a
Notice of Appeal , appealing the aforesaid decision of the Planning and Zoning
Board; and
WHEREAS, on October 15, 1991, 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 the Appellant; and
WHEREAS, upon hearing and after full consideration of the record on appeal
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
the Appellant conform to the requirements of Section 2-48 of
the City Code.
2. With respect to the grounds alleged in the Appellant's Notice
of Appeal :
a. The Planning and Zoning Board did not consider evidence
relevant to its findings which was substantially false
or grossly misleading;
b. The Planning and Zoning Board did not improperly fail
to receive all relevant evidence offered by the
Appellant; and
C. The evidence in question had to do with private easement
negotiations and the potential acquisition by the City
of a portion of the development for a natural area or
open space. Such evidence is not relevant to the
question to be determined by the Planning and Zoning
Board in this case, namely, whether the proposed
development should be approved under the criteria in the
Land Development Guidance System.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS
that the Laurie Subdivision PUD appeal is hereby denied and the decision of the
Planning and Zoning Board of August 26, 1991, approving the Laurie Subdivision
PUD, Preliminary Plan, is hereby upheld.
Passed and adopted at a regular meeting of the Council of the City of Fort
Collins held this 5th day of November, A.D. 1991.
Mayor
ATTEST:
City Clerk