HomeMy WebLinkAbout1997-084-06/03/1997-APPEAL CONCLUSIONS DRY CREEK MINOR SUBDIVISION FINDINGS OF FACT PLANNING AND ZONING BOARD RESOLUTION 97-84
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 DRY CREEK MINOR SUBDIVISION
WHEREAS, on March 24, 1997, the City Planning and Zoning Board ("the Board")
approved the Dry Creek Minor Subdivision ("the Project"); and
WHEREAS, on April 7, 1997, a Notice of Appeal of the Board's decision was filed with the
City Clerk by Jan Shepard Cottier ("the Appellant"); and
WHEREAS, on May 5, 1997, the Appellant filed an Amended Notice of Appeal of the
Board's decision with the City Clerk; and
WHEREAS, on May 20, 1997,the City Council, after notice was given in accordance with
Chapter 2, Article 11, 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 Board should be upheld and that the Project should be approved; 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 pursuant to Code Section 2-56(e),the Council hereby makes the following findings
of fact and conclusions:
Section 1. 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.
Section 2. That the Board did not fail to conduct a fair hearing based on any of the
allegations in the Appellant's Amended Notice of Appeal and, with regard to such allegations,
Council hereby makes the following findings:
A. The Appellant alleges in her Amended Notice of Appeal that the Board
considered evidence relevant to its findings which is substantially false or
grossly misleading. There is no evidence in the record of the Board's hearing
and there was no evidence presented at Council's appeal hearing to support
these allegations.
B. The Appellant alleges in her Amended Notice of Appeal that the Board did
not receive all available evidence offered by the Appellant, including staff
comments on the Project and that the conditions of the City Council's
Ordinance No. 143, 1995, had not been met. The record reflects that all the
evidence and testimony that the Appellant offered at the Board's hearing was
allowed into evidence, including the Appellant's statements and arguments
concerning the staff s comments on the Project and the Appellant's
statements and arguments concerning her contention that the conditions of
Ordinance No. 143, 1995, had not been met. Therefore, the record does not
support the Appellant's allegations on this point.
Section 2. That the Board's decision approving the Project is supported by the applicable
requirements and standards of Article V of Chapter 29 of the City Code relating to minor
subdivisions, including, without limitation, the following Code Sections: Section 29-644(c)(3);
Section 29-644(e); Section 29-656(d); Section 29-656(c); Section 29-677; and Section 29-642(b)(4).
The Council finds, therefore, that in so interpreting the applicable Code Sections of Article V of
Chapter 29 of the City Code, the Board properly interpreted and applied them with respect to the
Project.
Section 3. That, for the foregoing reasons, the Council hereby upholds the decision of
the Board approving the Project, subject to the following additional condition:
The City Council approves the Dry Creek Minor Subdivision upon the condition that
the development agreement,final utility plans,and final plat for the Dry Creek Minor
Subdivision be negotiated between the applicant, Parsons & Associates, ("the
Applicant") and City staff and executed by the Applicant and the City prior to May
20, 2000.
This conditional approval shall be deemed to be final approval for the purpose of
statutory vesting of rights under Sections 29-512 through 29-516 of the Transitional
Land Use Regulations. If this condition is not met by May 20, 2000, then the final
approval of the Dry Creek Minor Subdivision shall become null and void and no
effect and any vested rights shall be forfeited as provided in C.R.S. Section 24-68-
103.
Passed and adopted at a regular meeting of the City :ayorz
„this-3td day of J
1997.
ATTEST:
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City Clerk