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HomeMy WebLinkAbout1995-018-02/07/1995-AMENDED ODP APPEAL FINDINGS OF FACT PLANNING AND ZONING BOARD SPRING CREEK FARMS PUD RESOLUTION 95-18 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING AN APPEAL FROM THE DECISION OF THE PLANNING AND ZONING BOARD DENYING AN APPLICATION TO AMEND THE SPRING CREEK FARMS P.U.D. AMENDED OVERALL DEVELOPMENT PLAN WHEREAS,on November 14, 1994,the Planning and Zoning Board (the "Board") denied an application to amend the Spring Creek Farms P.U.D. Amended Overall Development Plan (the "ODP"); and WHEREAS,the proposed amendment that was denied by the Board would have resulted in a change in the type of housing to be provided on a portion of the ODP; and WHEREAS, on November 28, 1994, a Notice of Appeal of the Board's decision was filed with the City Clerk by Marilyn Pullin, Susan Wholey and Bill Warren, affected parties in interest who favored the proposed amendment of the ODP; and WHEREAS, on January 17, 1995, the City Council considered the foregoing appeal, reviewed the record on appeal and heard presentations regarding the same; and WHEREAS, at the conclusion of said hearing, separate motions to uphold and to overturn the decision of the Board were made by members of the Council and neither motion gained the support of a majority of the members present at the hearing; and WHEREAS, Section 2-353(4) of the City Code provides, in effect, that decisions of the Board to approve, disapprove or approve with conditions all planning items shall be final unless overturned or modified by the vote of a majority of the Council. NOW, THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the foregoing appeal is hereby denied by the Council for lack of a majority vote of the Council to support said appeal and that the decision of the Board denying the application to amend the Spring Creek Farms P.U.D. Amended Overall Development Plan shall stand as the final decision of the City with regard to said application. Passed and adopted at a regular meeting of Council of the City of Fort Collins this 7th day of February, A.D., 1995. y Mayor ATTEST: p , Cein4 )n 'eo `1� City Clerk