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HomeMy WebLinkAboutSIENA (OVERLAND RIDGE) PUD - FINAL ..... APPEAL TO CITY COUNCIL - 39-95A - REPORTS - CITY COUNCIL2. The backyards of Lots 23-43, inclusive, shall feature two deciduous shade trees, no less than two inches in caliper, and building foundation shrubs, no less than five gallon container in size, along the rear of the house. The exact varieties of such trees and shrubs shall be listed on the P.U.D. Site and Landscape Plan. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 21 st day of May, A.D. 1996. ATTEST: City Clerk 2 Mayor RESOLUTION 96-65 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING THE APPEAL FROM A DECISION OF THE PLANNING AND ZONING BOARD UPHOLDING THE SIENA FINAL P.U.D. WHEREAS, on March 6, 1996, the Planning and Zoning Board ("the Board") approved the Siena Final P.U.D. (the "Project"), with conditions; and WHEREAS, on March 20, 1996, a Notice of Appeal of the Board's decision was filed with the City Clerk by Judy Harrington (the "Appellant"), which Notice of Appeal was subsequently amended and refiled with the City Clerk on April 11, 1996; and WHEREAS, on May 7, 1996, 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, Section 2-56 of the City Code provides that no later than the date of its next regular meeting after the hearing of an appeal, the 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 as follows: Section 1. That the Council hereby makes the following findings and conclusions: (a) that the grounds for appeal as stated in the Appellant's Amended Notice of Appeal conform to the requirements of Section 2-48 of the City Code; (b) that the Planning and Zoning Board did not fail to conduct a fair hearing for any of the reasons stated in the Notice of Appeal; (c) that the Planning and Zoning Board did not fail to properly interpret and apply the relevant provisions of the City Code in determining that the Final P.U.D. conforms to the applicable provisions of the City's Code and Charter; and Section 2. That, for the foregoing reasons, the Council hereby upholds the decision of the Planning and Zoning Board approving the Final P.U.D. Plan for the Project, subject to the following additional conditions: The minimum rear yard setback for homes constructed on Lots 23-43, inclusive, shall be 30 feet as measured from the rear property line. AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT: ITEM AUMBER: 35 DATE: May 21, 1996 STAFF: Ted Shepard Resolution 96-65 Making Findings of Fact Regarding the Appeal of the March 6, 1996 Planning and Zoning Board Decision Upholding the Approval, With Conditions, of Siena Final P.U.D. RECOMMENDATION: On May 7, 1996. the Council voted 7-0 to make the finding that the Planning and Zoning Board did not fail to hold a fair hearing. In addition, the Council voted 6-1 to make the finding that the Planning and Zoning Board did not fail to properly and apply the relevant provisions of the Code and Charter and did not consider evidence that was substantially false or grossly misleading as stated in Section 2-48 (1) and (2) of the City Code. In order to complete the record regarding this appeal, Council should adopt a Resolution making findings of fact and finalizing its decision on the appeal. EXECUTIVE SUMMARY: On March 20, 1996 and again on April 11, 1996 a Notice and Amended Notice of Appeal was filed by parties -in -interest with respect to the March 6, 1996 decision of the Planning and Zoning Board decision approving, with conditions, a residential development known as Siena Final P.U.D. At the May 7, 1996 hearing on this matter, Council considered the testimony of the Planning and Zoning Board record, staff. and the appellants. In subsequent discussion at this hearing, Council took the following actions: Council determined that the Planning and Zoning Board did not fail to hold a fair hearing. Council determined that the Planning and Zoning Board did not fail to properly interpret and apply relevant provisions of the Code and Charter. Council determined that the Planning and Zoning Board did not consider evidence that was substantially false or grossly misleading. In further deliberation, Council added the following conditions to the Siena Final P.U_D.: The minimum rear yard setback for homes constructed on Lots 23-43, inclusive, shall be 30 feet as measured from the rear property line. 2. The backyards of Lots 23-43, inclusive, shall feature two deciduous shade trees, no less than two inches in caliper, and building foundation shrubs, no less than five gallon container in size, along the rear of the house. The exact varieties of such trees and shrubs shall be listed on the P.U.D. Site and Landscape Plan. Consequently, the March 6, 1996 decision of the Planning and Zoning Board approving, with conditions. Siena Final P.U.D., was upheld.