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HomeMy WebLinkAboutLINDIMER SUBDIVISION PRELIMINARY - 26 93 - REPORTS - APPEAL TO CITY COUNCIL(e) that the condition imposed by the Board with regard to the provision of record notice to futures owners of property within the Subdivision should be modified as stated below. Section 2. That, for the foregoing reasons, the decision of the Board approving the Lindimer Preliminary Subdivision is hereby upheld; provided, however, that the record notice to be placed in the development agreement for the subdivision, and the protective covenants therefor, shall include notice of the existence .of a horse facility adjacent to the subdivision, together with notice of the ordinary uses associated therewith, in a form acceptable to the City Attorney, but that said notice need not include a waiver of all future claims against the owners or operators of said horse facility, except as such claims may otherwise be barred by operation of law. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 17th day of August, A.D. 1993. Mayor ATTEST: City Clerk 2 20'd Z00'ON ZO:ST 26 SO End ZZ29-TZZ-20£:13i 'Aiid AM SNI1103'id RESOLUTION 93- 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 RELATING TO THE LINDIMER PRELIMINARY SUBDIVISION WHEREAS, on June 28, 1993, the Planning and Zoning Board ("the Boards") approved the Lindimer Preliminary Subdivision ("the Subdivision"); and WHEREAS, on July 12, 1993, a Notice of Appeal of the Board's decision was filed with the City Cleric by Charlie Tidd and Suzanne Basinger; and WHEREAS, on August 3, 1993, 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, at the conclusion of maid hearing, the Council determined that the appeal should be denied; 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 follow$: Section I. That the Council hereby finds as follows: (a) that the grounds for appeal as stated in the appellants' Notice of Appeal conform to the requirements of Section 2-48 of the City Code; (b) that the Lindimer Preliminary Subdivision conforms to the relevant provisions of the City Code, including, without limitation, the use, bulk and area requirements in Sections 29-147, 29-148 and 29-133, which are applicable to the R-L-P Zoning District, as well as the plat approval procedures and design criteria for subdivisions contained in Article V of Chapter 29; (c) that the appellants have withdrawn the allegation in their Notice of Appeal that the Board failed to hold a fair hearing by considering substantially false or grossly misleading evidenced (d) that the Board properly interpreted and applied the relevant provisions of the City Code in approving the Subdivision; ZO'd Z00"ON ZO:ST 26 SO 6% ZZ£9-TZZ-£0£:131 'Alld AlIO SNI-1-100*IJ RESOLUTION 93-123 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 RELATING TO THE LINDIMER PRELIMINARY SUBDIVISION WHEREAS, on June 28, 1993, the. Planning and Zoning Board ("the Board") approved the.-Lindimer Preliminary Subdivision ("the Subdivision"); and WHEREAS, on July 12, 1993, a Notice of Appeal of the Board's decision was filed with the City Clerk by Charlie Tidd and Suzanne Bassinger; and WHEREAS, on August 3, 1993, the City Council, after notice given An 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, at the conclusion of said hearing, the Council determined that the appeal should be denied; 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 finds as'follows: (a) that the grounds for appeal as stated in the appellants' Notice of Appeal conform to the requirements of Section 2-48 of the City Code; (b) that the Lindimer Preliminary Subdivision conforms to the relevant provisions of.the City Code, including, without limitation, the use, bulk and area requirements in Sections 29-147, 29-148 and 29-133, which are applicable to the R-L-P Zoning District, as well as the plat approval procedures and design criteria for subdivisions contained in Article V of Chapter 29; (c) that.the appellants have withdrawn the allegation in their Notice of Appeal that the.Board failed to hold a fair hearing by considering substantially false or grossly misleading evidence; (d) that the Board properly interpreted and applied the relevant provisions of the City. Code in approving the Subdivision; (e) that the condition imposed by the Board with regard to the provision of record notice to future owners of property within the Subdivision should be modified as stated below. Section 2. That, for the foregoing reasons, the decision of the Board approving the Lindimer Preliminary Subdivision is hereby upheld; provided, AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ITEM NUMBER: 22 DATE: August 17, 1993 STAFF: Ted Shepard SUBJECT: Resolution 93-123 Making Findings of Fact and Conclusions Regarding the Appeal From a Decision of the Planning and Zoning Board Relating to the Lindimer Preliminary Subdivision. RECOMMENDATION: Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY: On June 28, 1993 the Planning and Zoning Board voted 6-1 to approve the Lindimer Preliminary Subdivision with a condition about providing notice to future owners of property within the Subdivision. On July 12, 1993, an appeal of that final decision was made by Charlie Tidd and Suzanne Bassinger. On August 3, 1993, Council voted 6-0 to uphold 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 Tidd/Bassinger notice of appeal was based on allegations that: The Planning and Zoning Board did not properly interpret and apply relevant laws; and The Planning and Zoning Board failed to hold a fair hearing by considering substantially false or grossly misleading evidence. (This allegation was withdrawn by the appellants at the August 3, 1993 City Council meeting.) At the August 3, 1993 hearing on this matter, Council considered the testimony of City Staff, the appellants and the applicant for the Lindimer Preliminary Subdivision. In subsequent discussion at this hearing, Council determined that the grounds for appeal conformed to the requirements of Section 2-48 of the City Code; that the Lindimer Preliminary Subdivision conforms to the relevant provisions of the City Code; that the Planning and Zoning Board properly interpreted and applied the relevant provisions of the Code; and determined to uphold the decision of the Board with a modification to the condition of approval.