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HomeMy WebLinkAboutLAURIE SUBDIVISION PUD - PRELIMINARY - 44-89D - REPORTS - APPEAL TO CITY COUNCIL (2)0 U ITEM NUMBER: AGENDA ITEM SUMMARY 17 DATE: November 5, 1991 FORT COLLINS CITY COUNCIL STAFF: Albertson -Clark SUBJECT: Resolution 91- 141 Making Findings of Fact Regarding the Appeal of the Planning and Zoning Board Approval of the Laurie Subdivision PUD, Preliminary Plan, and Upholding the Decision of the Board. RECOMMENDATION: Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY: On August 26, 1991 the Planning and Zoning Board voted 7-0 to approve the Laurie Subdivision PUD, Preliminary Plan. On September 9, 1991, an appeal of that final decision was made by Ginger L. Hitz. On October 15, 1991, Council voted 5-0 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 appellant's notice of appeal was based on the allegation that: The Planning and Zoning Board failed to conduct a fair hearing in that: 1. The board considered evidence relevant to its findings which was substantially false or grossly misleading. At the October 15, 1991 hearing on this matter, Council considered the testimony of City staff, the appellant and the applicant of the Laurie Subdivision PUD. In subsequent discussion at this hearing, Council determined that the Planning and Zoning Board did not consider evidence relevant to its findings that was substantially false or grossly misleading; and determined to uphold the decision of the Board. RESOLUTION 91-141 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 LAURIE SUBDIVISION PUD, PRELIMINARY PLAN, AND UPHOLDING THE DECISION OF THE BOARD WHEREAS, on August 26, 1991, the Planning and Zoning Board, after notice and hearing, approved the Laurie Subdivision PUD, Preliminary Plan (the "PUD"); and WHEREAS, on September 9, 1991, Ginger L. Hitz (the "Appellant") filed a Notice of Appeal, appealing the aforesaid decision of the Planning and Zoning Board; and WHEREAS, on October 15, 1991, 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 Appellant; 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 Appellant conform to the requirements of Section 2-48 of the City Code. 2. With respect to the grounds alleged in the Appellant's Notice of Appeal: a. The Planning and Zoning Board did not consider evidence relevant to its findings which was substantially false or grossly misleading; b. The Planning and Zoning Board did not improperly fail to receive all relevant evidence offered by the Appellant; and C. The evidence in question had to do with private easement negotiations and the potential acquisition by the City of a portion of the development for a natural area or open space. Such evidence is not relevant to the question to be determined by the Planning and Zoning Board in this case, namely, whether the proposed development should be approved under the criteria in the Land Development Guidance System. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Laurie Subdivision PUD appeal is hereby denied and the decision of the Planning and Zoning Board of August 26, 1991, approving the Laurie Subdivision PUD, Preliminary Plan, is hereby upheld. • Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 5th day of November, A.O. 1991. Mayor ATTEST: City Cler