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HomeMy WebLinkAboutSCENIC VIEWS PUD - FINAL ..... APPEAL TO CITY COUNCIL - 3-96A - REPORTS - CITY COUNCILSection 4. That for the foregoing reasons, the Council hereby upholds the Board's decision approving the Project with the condition imposed by the Board. Passed and adopted at a regular meeting of the City Council held this 3rd day of June, A.D. 1997. Mayor ATTEST: City Clerk 1 RESOLUTION 97-83 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 SCENIC VIEWS FINAL PUD. WHEREAS, on March 10, 1997, the City Planning and Zoning Board ("the Board' approved the Scenic Views Final PUD ("the Project") with a condition; and Wi-IEREAS, on March ''4, 1997, a Notice of Appeal of the Board's decision was filed with the City Clerk by Bill Roberts, Dennis Stenson. Mary Davidson, Steven Hazel, Tara Hazel, Evelyn Anderson, and Phil Hackney ("the Appellants"); and WHEREAS, on May 13, 1997, and on May 20, 1997, 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 and heard presentations from the Appellants and other parties in interest; 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 City 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' 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 for any of the reasons stated in the Appellant's Notice of Appeal including, without limitation, Appellants' allegation that the Board gave preliminary approval to the Project without first requiring the applicant to obtain a certain off -site storm drainage easement and, as a consequence, that the Board substantially ignored its previous established rules of procedure. The Council specifically finds that the Board's decision to give preliminary approval to the Project without first requiring the Applicant to obtain a certain off -site storm drainage easement was not a failure by the Board to follow its usual rules of procedure. Section J. That the Board did not fail to properly interpret and apply the relevant provisions of the City Code and Charter, specifically the provisions of the City's Land Development Guidance System ("the LDGS"), in approving the Project. The Council specifically finds that the Board did not err in deciding that the Project satisfied all of the applicable criteria of the LDGS, including all of the following LDGS criteria: Criterion A-1.2. Comprehensive Plan; Criterion A-1.9, Water Quality; Criterion A-2.3, Natural Features; Criterion A-2.18, Hazardous Materials; Criterion A-3.2, Design Standards; and Criterion A-33, Water Hazards. AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ITEM NUMBER: 28 DATE: June 3, 1997 STAFF: Bob Blanchard SUBJECT: Resolution 97-83 Making Findings of Fact and Conclusions Regarding the Appeal of a Decision of the Planning and Zoning Board Relating to the Scenic Views Final PUDand Upholding the Decision of the Board. RECOMMENDATION: c kl�;8 Staff recommends adoption of the Resolution. '7'�`e- sue' k EXECUTIVE SUMMARY: On March 24, 1997, an appeal of the March 10, 1997 decision of the City's Planning and Zoning Board ("the Board") to approve the Scenic Views PUD was filed by eight individuals ("the Appellants"). On May 20, 1997, City Council voted 3-2 to uphold the decision of the Board. In order to complete the record regarding this appeal, the Council should adopt a Resolution making findings of fact concerning its decision in this appeal. BACKGROUND: The Appellant's Notice of Appeal alleged that the Board failed to conduct a fair hearing and failed to properly interpret and apply relevant provisions of the Code and Charter. At the May 20, 1997, appeal hearing on this matter, the Council heard the presentations of City staff, the Appellants, and other parties in interest. At the conclusion of the hearing, Council determined that the Board did conduct a fair hearing and that the Board did properly interpret and apply the relevant provisions of the City's Code. The Council therefore voted to uphold the Board's decision approving the Scenic Views PUD.