HomeMy WebLinkAbout2006-010-02/07/2006-MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO THE APPEAL OF THE DETERMINATION OF THE PLANNIN RESOLUTION 2006-010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS PERTAINING TO
THE APPEAL OF THE DETERMINATION OF THE
PLANNING AND ZONING BOARD REGARDING THE
INNOVATION ISLAND APPEAL
WHEREAS, on November 17, 2005, the City's Planning and Zoning Board (the "Board")
approved the Innovation Island Overall Development Plan No. 40-50 and the Innovation Island
Project Development Plan No. 40-05A(the "Plan"); and
WHEREAS, on November 30, 2005, a Notice of Appeal of the Board's decision was filed
with the City Clerk by Overlook Citizens Action Committee(the "Appellants"); and
WHEREAS,on December 20,2005, an Amended Notice of Appeal of the Board's decision
was filed with the City Clerk by the Appellants; and
WHEREAS, on January 17, 2006, the City Council, after notice given in accordance with
Chapter 2, Article II, Division 3, of the City Code, considered said appeal, reviewed the record on
appeal, heard presentations from the Appellants and other parties-in-interest and, after discussion,
upheld the decision of the Board by a vote of 6-1, with Councilmember Ohlson dissenting; and
WHEREAS,City Code Section 2-56(e)provides that no later than the date of its next regular
meeting after the hearing of an appeal, City Council shall adopt, by resolution, findings of fact in
support of its decision on the appeal.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that, pursuant to Section 2-56(e) of the City Code, the Council hereby makes the
following findings of fact and conclusions:
I. That the grounds for appeal as stated in the Appellants'Amended Notice of
Appeal conform to the requirements of Section 2-48 of the City Code.
2. That the Planning and Zoning Board held a fair hearing, followed its
previously established rules of procedure,did not consider substantially false
or grossly misleading evidence relevant to its findings, and did not fail to
receive all relevant evidence that was offered.
3. That the Planning and Zoning Board did not fail to properly interpret and
apply the provisions of the Land Use Code in approving the Overall
Development Plan and Project Development Plan.
4. That, for the foregoing reasons, the decision of the Planning and Zoning
Board approving the Innovation Island Overall Development Plan No.40-50
and the Innovation Island Project Development Plan No. 40-05A is upheld.
Passed and adopted at a regular meeting of the Counc' f the City of Fort Coll' s held this
7th day of February, A.D. 2006.
Mayo
ATTEST:
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City Clerk