HomeMy WebLinkAboutWOODLAND PARK PUD - FINAL ..... 9/05/95 CITY COUNCIL HEARING OF APPEAL - 19-94C - REPORTS - CITY COUNCILL�
Passed and adopted at a regular meeting of Council of the City of Fort Collins this 5th day
of September, A.D. 1995.
ATTEST:
City Clerk
2
Mayor
RESOLUTION 95-129
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS
REGARDING AN APPEAL FROM THE DECISION OF THE
PLANNING AND ZONING BOARD APPROVAL OF
THE WOODLAND PARK P.U.D.
WHEREAS, on July 24, 1995, the Planning and Zoning Board (the "Board") approved the
Woodland Park P.U.D. (the "Project"); and
WHEREAS, a timely Notice of Appeal of the Board's decision was filed with the City Clerk
by Sandra Thomas and Scott Courtney, affected parties -in -interest alleging that, in making its
decision, the Board: (1) failed to properly interpret or apply the relevant provisions of the Code and
Charter, and (2) failed to conduct a fair hearing in that the Board substantially ignored its previous
established rules of procedure and failed to receive all relevant evidence offered by the Appellants;
and
WHEREAS, on August 29, 1995, the City Council considered the foregoing appeal, reviewed
the record on appeal and heard presentations regarding the same; and
WHEREAS, at the conclusion of said hearing, the City Council determined that the Board
conducted a fair hearing and properly interpreted and applied the relevant provisions of the Code and
Charter; and
WHEREAS, Section 2-56(c) of the City Code requires 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 as follows:
Section 1. The Board did not fail to conduct a fair hearing, either by failing to receive
all relevant evidence offered by the Appellants or by substantially ignoring its previously established
rules of procedure.
Section 2. The Board did not fail to properly interpret and apply relevant provisions of
the City Code and Charter, inasmuch as the Project fully complies with the requirements of the Code
and Charter, and particularly the Land Development Guidance System.
Section 3. That, for the foregoing reasons, the appeal of the Planning and Zoning Board's
decision regarding the Project is hereby upheld.
0
AGENDA ITEMSUMMARY
n FORT COLLINS CITY COUNCIL
ITENPIUMBER: 24
DATE: September 5, 1995
STAFF: Ted Shepard
SUBJECT:
Resolution 95-129 Making Findings of Fact Regarding the Appeal of the July 24, 1995 Planning and
Zoning Board Decision Granting Approval, With One Condition, of Woodland Park Estates Final
P.U.D.
RECOMMENDATION:
On August 29, 1995, the Council voted 6-0 to make the finding that the Planning and Zoning Board
conducted a fair hearing in consideration of the Woodland Park Estates Final P.U.D. Further,
Council Voted 5-1 to make the finding that the Planning and Zoning Board did not fail to properly
interpret and apply relevant provisions of the Code and Charter. 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 August 4, 1995 a Notice of Appeal was filed by parties -in -interest with respect to the July 24,
1995 decision of the Planning and Zoning Board approving Woodland Park Estates Final P.U.D.
This appeal was considered by Council on August 29, 1995.
At the August 29, 1995 hearing on this matter, Council considered the testimony of City staff, the
appellant, and the those opposed to the appeal regarding Woodland Park Estates Final P.U.D. In
subsequent discussion at this hearing, Council took two actions:
Council determined that the Board conducted a fair hearing, the Board did not fail
to receive all relevant evidence offered by the appellants, and that the Board did not
substantially ignore its previously established rules of procedure.
2. Council determined that the Board did not fail to properly interpret and apply
relevant provisions of the Code and Charter.
Consequently, the- July 24, 1995 decision of the Planning and Zoning Board, approving, with one
condition, Woodland Park Estates Final P.U.D., was upheld.