HomeMy WebLinkAboutPARK SOUTH PUD - MASTER PLAN - 46-88 - REPORTS - APPEAL TO CITY COUNCIL (2)AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
ITEM NUMBER: 27
DATE: November 15, 1988
STAFF: Albertson -Clark
SUBJECT:
Resolution 88-_188 Making Findings of Fact Regarding the Appeal of the
Planning and Zoning Board Approval of the Park South PUD Master Plan, and
Upholding the Decision of the Board.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY:
On September 6, 1988, Middel Enterprises, Inc. and Park South Venture filed
an appeal of the August 22, 1988, final decision of the Planning and Zoning
Board to deny the Park South PUD Master Plan. On November 1, 1988, Council
voted 6-0 to uphold the final 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 upholding the Planning and
Zoning Board decision.
BACKGROUND:
Middel Enterprises, Inc. and Park South Venture filed the appeal based on
allegations that:
(1) The Planning and Zoning Board abused its discretion, in that its
decision was arbitrary and without the support of competent evidence on
the record;
(2) The Planning and Zoning Board failed to properly interpret and apply
relevant provisions of the Code, including the Land Development
Guidance System, and the Comprehensive Plan and the Land Use Policies
Plan; and
(3) The Planning and Zoning Board failed to conduct a fair hearing in that:
(a) The Board considered evidence irrelevant to its findings which
were substantially false or grossly misleading;
(b) The Board improperly failed to receive and consider all relevant
evidence offered by the Appellants.
At the November 1, 1988 hearing on this matter, Council considered the
testimony of City staff, the appellant and the public. In subsequent
discussion, Council determined that the Planning and Zoning Board's
decision was supported by competent evidence of record, that the Board
properly applied the relevant provisions of the Code and that the Board did
conduct a fair hearing; and determined to uphold the decision of the Board.