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