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HomeMy WebLinkAbout1990-112-07/17/1990-NUMBER NOT USED RESOLUTION 90-112 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 FOUR SEASONS 6TH FILING, PUD PRELIMINARY AND FINAL PLAN, AND UPHOLDING THE DECISION OF THE BOARD WHEREAS, on May 7, 1990, the Planning and Zoning Board, after notice and hearing, approved the Four Seasons 6th Filing, PUD Preliminary and Final Plan (the "PUD") ; and WHEREAS, On May 21, 1990, Bill and Susan Hansen, David and Mary Hughes, Jeff and Kay King and Gary and Becky Keigan (the "Appellants") filed a Notice of Appeal , appealing the aforesaid decision of the Planning and Zoning Board; and WHEREAS, on July 3, 1990, 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 appellants; 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 r(otice of appeal of Bill and Susan Hansen, David and Mary Hughes, Jeff and Kay King and Gary and Becky Keigan conform to the requirements of Section 2-48 of the City Code. 2. As to the grounds alleged in the Appellants' Notice of Appeal : a. The decision of the Planning and Zoning Board was supported by competent evidence in the record and the Board did not abuse its discretion in approying the PUD, since the previously approved development plat for the subject property of the PUD had expired, according. to the provisions of the City Code and the new PUD reviewed 'by the Board conformed to the relevant criteria of the Land/Development Guidance System. b. The Board properl reviewed the preliminary and final plans of the PUD as submiXted by the City's Planning Director under the provisions of /Section 118-83 (f) (4) (a) of the City Code. The Board dy'd not fail to consider any relevant evidence offered by the appellants but properly determined that such evidence e�hould be evaluated according to the criteria contained/in the Land Development Guidance System rather than the pro sions of state law. c. TVhter and did not fail to conduct a fair hearing, nor did it ed its authority or jurisdiction as contained in the City C and Code. The appellants had adequate written and al notice of the Board's consideration of the PUD and were accorded full opportunity to be heard regarding their objections to the PUD. I ONE .C'✓l�. d. The Board did not substantially ignore its previously established rules of procedure. e. The Board did not improperly fail to receive all relevant evidence offered by the Appellants. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the decision of the Planning and Zoning Board of May 7, 1990, approving the Four Seasons 6th Filing, PUD Preliminary and Final Plan, is hereby upheld, and the Four Seasons 6th Filing, PUD Preliminary and Final Plan, is hereby approved. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 17th day of July, A. D. 1990. Mayor ATTEST: City Clerk