HomeMy WebLinkAboutHARMONY RIDGE PUD, PHASE ONE - FINAL - 49-95B - REPORTS - CITY COUNCILPassed and adopted at a regular meeting of the City Council held this 6th day of October,
A.D. 1998.
Mayor
ATTEST:
City Clerk
RESOLUTION 98-140
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 HARMONY RIDGE P.U.D., PHASE ONE - FINAL
WHEREAS, on July 16, 1998, the Planning and Zoning Board (the "Board") denied the
Harmony Ridge P.U.D., Phase One - Final (the "Project"); and
WHEREAS, on July 30, 1998, a notice of appeal of the Board's decision was filed with the
City Clerk by Joe Vansant, Lee A. Stark and G.D. McGarvey (the "Appellants"); and
WHEREAS, on August 31, 1998, an amended notice of appeal of the Board's decision was
filed with the City Clerk by the Appellants, together with their attorney, March & Liley, P.C.; and
WHEREAS, on September 15,1998, 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 both of 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 Section 2-56(e) of the City Code, the Council hereby makes the
following findings of fact and conclusions:
Section 1. That the grounds for appeal as stated in the Appellants' notices of appeal
conform to the requirements of Section 2-48 of the City Code.
Section 2. That the Board failed to properly interpret and apply the relevant provisions
of the Code.
Section 3. That the decision of the Board denying the Project should be overturned and
the Project approved upon the additional condition that that certain street located in the Project and
identified as Chokecherry Trail must be changed from a private street to a public street and, as a
public street, must comply with all City design standards and requirements for public streets.
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
ITEI DUMBER: 24
DATE: October 6. 1998
STAFF: Steve Olt
SUBJECT:
Resolution 98-140 Making Findings of Fact Regarding the Appeal of the Planning and Zoning Board
Denial of the Harmony Ridge PUD, Phase One - Final and Overturning the Decision of the Board.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY:
On July 30. 1998. an appeal of the Jule 16. 1998 final decision of the Planning and Zoning Board
to deny the Harmony Ridge PUD, Phase One - Final was filed by the Appellants G. D. McGarvey,
Lee A. Stark. and Joe Vansant.
On September 15. 1998- Cite Council voted to overturn the decision of the Planning and Zoning
Board. In order to complete the record regarding this appeal. the Council should adopt a Resolution
making findings of fact and finalizing its decision on the appeal.
BACKGROUND:
The appellants' notice of appeal was based on the allegation that:
"The Planning and Zoning Board failed to properly interpret and apply relevant
provisions of the Code and Charter."
Citv Council voted to overturn the decision of the Planning and Zoning Board v<ith the condition that
Chokecherry Trail be dedicated as a public street and designed to be in compliance with the City
Street Design Standards.