HomeMy WebLinkAbout1989-120-06/20/2003-MAKING FINDINGS OF FACT REGARDING THE MULTI-PARTY APPEAL OF THE PLANNING AND ZONING APPROVAL OF THE RESOLUTION 89- 120
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT REGARDING THE MULTI-PARTY
APPEAL OF THE PLANNING AND ZONING BOARD'S
APPROVAL OF THE AMENDMENT OF THE OAK-COTTONWOOD FARM
MASTER PLAN; THE HARMONY MARKET P.U.D. (PRELIMINARY) ;
AND THE HARMONY MARKET P.U.D. PHASE ONE (FINAL) ;
AND UPHOLDING THE DECISION OF THE BOARD
WHEREAS, on April 24, 1989, the Planning and Zoning Board, after
notice and hearing, approved the Amendment of the Oak-Cottonwood Farm
Master Plan; the Harmony Market P.U.D. (Preliminary) ; and the Harmony
Market P.U.D. Phase One (Final ) ; and
WHEREAS, on May 8, 1989, an appeal dated May 5, 1989 and executed by a
number of persons was filed, appealing the aforesaid decisions of the
Planning and Zoning Board; and
WHEREAS, on May 30, 1989, 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 said multiple parties; and
WHEREAS, upon hearing and after full consideration of the evidence as
presented to the Planning and Zoning Board, and after hearing argument
thereon, the Council made the following findings of fact:
1 . Certain of the grounds for appeal as stated in the notice of
appeal (as clarified by appellants at the hearing) of said
multiple parties conform to the requirements of Section 2-48
of the City Code.
2. The Planning and Zoning Board:
a. Did not abuse its discretion, and its decision was not
arbitrary and was supported by competent evidence in the
record;
b. Did not fail to properly interpret and apply relevant
provisions of the Code and Charter (including the Land
Development Guidance System and the All Development
Criteria as contained therein) ; and
c. Did not fail to conduct a fair hearing either by: (1)
exceeding its authority or jurisdiction as contained in
the Code and Charter; (2) substantially ignoring its
previously established rules of procedure ; (3)
considering evidence relevant to its findings which was
substantially false or grossly misleading; or (4)
improperly failing to receive all relevant evidence
offered by the appellant.
3. The concurrent hearing by the Planning and Zoning Board of
the Master Plan, the Preliminary Plan and the Final Plan
complied with the provisions of Section 29-526(F)(4)(a) of
the City Code.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the decision of the Planning and Zoning Board of April 24,
1989, approving the Amendment of the Oak-Cottonwood Farms Master Plan, the
Harmony Market P.U.D. (Preliminary) , and the Harmony Market P.U.D. Phase
One (Final ) is hereby upheld.
Passed and adopted at a regular meeting of the Council of the City of
Fort Collins held this 20th day of June, A.D. 1989.
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City Clerk