HomeMy WebLinkAbout1996-139-11/19/1996-APPEAL CONCLUSIONS FINDINGS OF FACT HARBOR WALK ESTATES PUD PLANNING AND ZONING BOARD RESOLUTION 96-139
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE APPEAL OF A DECISION OF THE PLANNING AND ZONING BOARD
RELATING TO THE HARBOR WALK ESTATES PUD
WHEREAS,on August 26, 1996,the Planning and Zoning Board ("the Board") denied the
Referral of an Administrative Change for Harbor Walk Estates PUD (the "Project"); and
WHEREAS,on September 9, 1996,a Notice of Appeal of the Board's decision was filed with
the City Clerk by Sollenberger Development Corporation (the "Appellant"); and
WHEREAS, on November 5, 1996,the City Council, after notice was given in accordance
with Chapter 2, Article II, Division 3 of the City Code, considered the foregoing appeal, reviewed
the record on appeal and heard presentations from the Appellant and other parties-in-interest; and
WHEREAS, at the conclusion of said hearing,the City Council determined that the decision
of the Planning and Zoning Board should be upheld and that the proposed administrative change for
the project should be denied; and
WHEREAS, Section 2-56(e)of the City Code provides that no later than the date of its next
regular meeting, the City Council shall adopt, by resolution, findings of fact in support of its
decision.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Council hereby makes the following findings of fact and conclusions:
1. That the grounds for appeal as stated in the Appellant's Notice of Appeal
dated September 9, 1996, conform to the requirements of Section 2-48 of the
City Code;
2. That the Board did not fail to conduct a fair hearing for any of the reasons
stated in the Notice of Appeal;
3. That the Board did not fail to properly interpret and apply the relevant
provisions of the City Code or Charter in denying the proposed administrative
change for the Project;
4. That the proposed administrative change does not conform to the
requirements of All Development Criterion A-2.2 of the Land Development
Guidance System regarding building orientation and placement in that the
fencing proposed pursuant to such administrative change would be
inconsistent with the character of the neighborhood surrounding the Project;
and
5. That, for the foregoing reasons, the proposed administrative change for the
Project is hereby denied.
Passed and adopted at a regular meeting of the Council of�ity of Fort Coll iys held this
19th day of November, A.D. 1996.
ayor
ATTE
it- Clerk
2