HomeMy WebLinkAboutROHRBACKER PUD - PRELIMINARY & FINAL - 41-89C - REPORTS - APPEAL TO CITY COUNCILr
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AGENDA ITEM SUMMARY
ITEM NUMBER: 20
DATE: October 2, 1990
FORT COLLINS CITY COUNCIL
Albertson -Clark
STAFF:
SUBJECT:
Resolution 90 -142 Making Findings of Fact Regarding the Appeal of the Planning
and Zoning Board's Approval of the Rohrbacker PUD, Preliminary Plan, and
Upholding the Decision of the Board.
RECOMMENDATION:
Staff recommends adoption of the Reso ution.
EXECUTIVE SUMMARY:
On July 23, 1990 the Planning and Zoning Board approved the Rohrbacker PUD,
Preliminary Plan on a 3-2 vote, with conditions. On August 6, 1990, an appeal
of that final decision was made by Bill Wyatt as attorney for the appellants,
Thomas and Charlene Bassett, Richard DeCook, Harold S. Fisher, Ron Bauer, John
Jervis, David P. Janssen, Marion T. Allen, Jr., David G. Joyce, Hayden H.
Standiferd, John R. Valerius, Glen Tucker, Ross Rinker and Vern W. West.
On September 18, 1990, Council voted 4-1 to uphold the Planning and Zoning
Board's approval of the Rohrbacker PUD Preliminary Plan. In order to complete
the record regarding this appeal, Council should adopt a Resolution making
findings of fact and finalizing its decision.
BACKGROUND:
The appellants filed the appeal on the following grounds:
1. The Board abused its discretion, in that its decision was arbitrary
and without the support of competent evidence in the record.
2. The Board substantially ignored its previously established rules of
procedure.
3. The Board considered evidence relevant to its findings which was
substantially false or grossly misleading.
RESOLUTION 90-142
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT REGARDING THE APPEAL OF
THE PLANNING AND ZONING BOARD'S APPROVAL OF
THE ROHRBACKER PUD, PRELIMINARY PLAN, AND UPHOLDING
THE DECISION OF THE BOARD
WHEREAS, on July 23, 1990, the Planning and Zoning Board, after notice
and hearing, approved the Rohrbacker PUD, Preliminary Plan( the "PUD"); and
WHEREAS, on August 6, 1990, Bill Wyatt as attorney for Thomas and
Charlene Bassett, Richard DeCook, Harold S. Fisher, Ron Bauer, John Jervis,
David P. Janssen, Marion T. Allen, Jr., David G. Joyce, Hayden H.
Standiferd, John R. Valerius, Glen Tucker, Ross Rinker and Vern W. West
(the "Appellants") filed a Notice of Appeal, appealing the aforesaid
decision of the Planning and Zoning Board; and
WHEREAS, on September 18, 1990, the City Council, after notice and
hearing in accordance with Chapter 2, Article II, Division 3 of the City
Code, considered said appeal as filed by the Appellants; and
WHEREAS, upon hearing and after full consideration of the record on
appeal as presented to the Planning and Zoning Board, and after hearing
argument thereon, the Council made the following findings of fact:
. 1. The grounds for appeal as stated in the Notice of Appeal of the
Appellants conform to the requirements of Section 2-48 of the City
Code.
2. With respect to the grounds alleged in the Appellants' Notice of
Appeal:
a. The Planning and Zoning Board did not abuse its discretion, and its
decision was not arbitrarily imposed without the support of
competent evidence in the record.
b. The Planning and Zoning Board did not ignore its previously
established rules of procedure.
c. The Planning and Zoning Board did not consider evidence relevant to
its findings which was substantially false or grossly misleading.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the decision of the Planning and Zoning Board of July 23,
1990, approving the Rohrbacker PUD, Preliminary Plan, is hereby upheld.
•
Passed and adopted at a regular meeting of the Council of the City of
Fort Collins held this 2nd day of October, A.D. 1990.
ayor
ATTEST:
City Clerk