HomeMy WebLinkAboutFOOTHILLS PARKWAY PUD - PRELIMINARY - 36-89 - LEGAL DOCS - APPEAL TO CITY COUNCILCity of Fort Collins
Admin0ative Services
City Clerk
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N O T I C E
The City Council of the City of Fort Collins, Colorado on January 16
19 90, at 6:30 p.m. or as soon thereafter as the matter may come on for
hearing in the Council Chambers in the City Hall at 300 West LaPorte
Avenue, will hold a public hearing on the appeal from the decision of the
Planning and Zoning Board made on November 20 , 1989 ,
regarding Foothills Parkway P.U.D. Preliminary
. The
meeting is fully accessible to handicapped persons. You should have
received previous notices on this item in connection with hearings held by
the Planning and Zoning Board
If you wish to comment on this matter, you are strongly urged to attend the
hearing on this appeal. Written comments are also welcome. If you have
any questions, require further information, or wish to submit written
materials, please feel free to contact the City Clerk's Office or the
Planning Department in City Hall, 221-6500.
%�MZ-4, vc� .
Wanda M. Krajicek
City Clerk
Friday, December 29, 1989
Date Notice Mailed
cc: City Attorney
Planning Department
300 LaPorte Avenue • P. O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6515
City AtAey •
Citv of Fort Collins MEMORANDUM
DATE: December 5, 1989
TO: Wanda Krajicek, City Clerk
FROM: W. Paul Eckman, Deputy City Attorney'l'
RE: Appeal of November 20, 1989 Decision of the Planning
and Zoning Board Regarding Foothills Parkway P.U.D.
Preliminary
I have reviewed the Notice of Appeal dated December 4, 1989, and
filed by Round the Corner Restaurant, Inc., regarding the above -
referenced decision of the Planning and Zoning Board. I have
found no obvious defects in form or substance. I note that the
appellant has requested that the matter be considered by the City
Council on January 16, 1990, if at all possible.
WPE:whm
300 LaPorte Avenue • P. O. Box 380 • Fort Collins, CO 80522-0380 • �303) 221-6520
• C 7
� 0EC 0 4 1989
December 4, 1989
Ms. Wanda Krajicek
City Clerk
City of Fort Collins
300 LaPorte Avenue
Fort Collins, Colorado 80521
Dear Ms. Krajicek:
On November 20, 1989, the Planning and Zoning Board voted to
deny the Foothills Parkway P.U.D. Preliminary Plan.
As a representative of Round The Corner Restaurants, Inc., an
owner through an affiliate entity of Foothills Parkway P.U.D.
property, I am appealing this decision of the Planning and Zoning
Board. My address and telephone number are as listed on the
letterhead.
The grounds for this appeal are that the Planning and Zoning
Board abused its discretion in that its decision is arbitrary and
without the support of competent evidence in the record; that the
Board failed to properly interpret and apply relevant provisions
of the Code and Charter; and that the Board failed to conduct a
fair hearing in that it exceeded its authority or jurisdiction as
contained in the Code and Charter and substantially ignored its
previously established rules of procedure.
The Foothills Parkway P.U.D. was first considered on October
23, 1989 by the Planning and Zoning Board. A copy of the minutes
of that meeting are attached. The project was recommended for
approval subject to conditions. A motion was made and seconded to
approve the project subject to conditions. An issue then arose
regarding shared access with adjacent property. Several
board members stated that they liked the site and that the uses and
the project were appropriate for the site, but the consensus of the
Board was that the project should come back to the Board as a
preliminary plan with the access issue addressed in a revised site
design.
2121 30th Street 9 Boulder, Colorado 80501 • 303/449-6162
Ms. Wanda Krajicek
December 4, 1989
Page 2
The shared access issue was resolved and the preliminary plan
for the project scheduled for Planning and Zoning Board review on
November 20th. Documentation submitted on November 20th
established that the project met the All Development Criteria of
the Land Development Guidance System ("LDGS") and was 13% in excess
of the minimum required score for the Auto Related & Roadside
Commercial point chart. The project was recommended by City staff
for approval with the staff finding that the project exceeded the
LDGS point chart requirements and met all other requirements of
the LDGS. The access issue raised by members of the Planning and
Zoning Board was addressed through a proposal to re-route the two-
way frontage road traffic to the west, a new private road, right -
in turns off Foothills Parkway onto the re -aligned frontage road
and a new curb cut on the adjacent property in exchange for
abandonment of an existing curb cut on that property adjacent to
Foothills Parkway.
There were no permissible grounds for the Board to deny the
Foothills Parkway P.U.D. preliminary plan when the evidence clearly
established it met all stated criteria of the LDGS and when the
access issue earlier raised by the Board had been fully addressed
in the revised plan.
I would like to request that this matter be heard on January
16, 1990 if possible. I would have additional information to
present regarding this appeal at that time after I have had an
opportunity to review the minutes of the November 20th meeting.
Please let me know if there is anything further I need to do
prior to the hearing.
Thank you.
Sincerely,
ROUND THE CORNER RESTAURANT, INC.
By: /PZA z
Kyle . Hubbart
Secr ry/Treasurer