HomeMy WebLinkAboutARAPAHOE FARM TOWNHOMES PUD - FINAL - 55-87K - REPORTS - APPEAL TO CITY COUNCIL AGENDA ITEM SUMMARY ITEM NUMBER: 33
DATE: May 17, 1994
• FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT:
Resolution 94-82 Making Findings of Fact Regarding the Appeal of the Planning and
Zoning Board Approval with Conditions of Arapahoe Farm Townhomes, Final P.U.D. ,
and Upholding the Decision of the Planning and Zoning Board, Subject to Two
Modifications.
RECOMMENDATION:
On May 10, 1994, Council voted 6-0 to uphold the decision of the Planning and
Zoning Board granting approval of Arapahoe Farm Townhomes Final P.U.D. , with
conditions. Council also voted to modify the decision of the Planning and Zoning
Board by adding two additional conditions. In order to complete the record ,
regarding this appeal , the Council should adopt a Resolution making findings of
fact finalizing its decision on the appeal .
EXECUTIVE SUMMARY:
The appeal by the affected parties-in-interest was based on the allegations that:
The Planning and Zoning Board abused its discretion, in that its decision
was arbitrary and without the support of competent evidence in the record.
a The Board failed to properly interpret and apply relevant provisions of
the Code and Charter.
The Board failed to conduct a fair hearing in that it ignored its
previously established rules of procedure.
The Board considered evidence relevant to its findings which was
substantially false or grossly misleading.
At the May 10, 1994 hearing on this matter, Council considered the testimony of
City staff, the appellants, and proponents of Arapahoe Farm Townhomes. In
subsequent discussion at this hearing, Council determined that the Board did not
commit any of the allegations and that the decision of the Planning and Zoning
Board be upheld.
In further deliberation, the Council voted to modify the decision of the Planning
and Zoning Board by adding the following two conditions of Final approval :
1 . The landscape plan shall be modified to add mature evergreen trees to the
easterly buffer area.
2. The roof shingles to be installed must be modified and determined to be
compatible with the surrounding neighborhoods. Due to the concerns of the
Poudre Fire Authority, this does not mean cedar shakes. Compatibility to
determined by the Poudre Fire Marshal , Chief Building Official , and
Planning Director.
•
R • •
. RESOLUTION 94-82
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE APPEAL FROM THE DECISION OF THE PLANNING AND ZONING
BOARD RELATING TO THE ARAPAHOE FARM TOWNHOMES, FINAL PUD
WHEREAS, on March 28, 1994, the Planning and Zoning Board ("the Board")
approved, with conditions, the Arapahoe Farm Townhomes, Final PUD ("the
Project") ; and
WHEREAS, an Amended Notice of Appeal of the Board's decision was filed with
the City Clerk by Steven Gottschalk, Kevin Walker, Anne Wilberton, Dean Hoag and
Nan McClurg on April 25, 1994; and
WHEREAS, on May 10, 1994, 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 said hearing, the Council determined that the
Board's decision regarding the Project should be upheld, with modifications; 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
4110 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 Board did not fail to conduct a fair hearing by
substantially ignoring its previously established rules of
procedure;
(b) that the Board did not abuse its discretion in approving the
Project, because its decision was supported by competent evidence
presented to the Board at the hearing, as shown by the record of the
hearing;
(c) that the Board did not fail to conduct a fair hearing by considering
evidence relevant to its findings which was substantially false or
grossly misleading; and
(d) that the Board properly interpreted and applied the relevant
provisions of the City Code in making its decision.
Section 2. That the Council , after considering the evidence and the
arguments presented by the appellants and the parties in interest opposed to the
appeal , has determined that the decision of the Board should be upheld, with the
4110 following modifications:
ti.•
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(a) The landscape plan for the Project shall be modified to include the4111
provision of additional mature evergreen trees; and
(b) The shingles to be installed on the residential units in the Project
must be determined to be compatible with the surrounding
neighborhoods, with such determination of compatibility to be made
by Mike Pretz, Poudre Fire Authority Battalion Chief; Ron Phillips,
Interim Director of Planning; and Felix Lee, Administrator of
Building Permits and Inspections; provided, however, that the
developer shall not be required to install wood shake shingles in
order for said shingle material to be considered compatible.
Passed and adopted at a regular meeting of the Council of the City of Fort
Collins held this 17th day of May, A.D. 1994.
Mayor
ATTEST:
City Clerk
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RESOLUTION 94-
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE APPEAL FROM THE DECISION OF THE PLANNING AND ZONING
BOARD RELATING TO THE ARAPAHOE FARM TOWNHOMES, FINAL PUD
WHEREAS, on March 28, 1994. the Planning and Zoning Board ("the Board")
approved, with conditions, the Arapahoe Farm Townhomes, Final PUD ("the
Project") : and
WHEREAS, an Amended Notice of Appeal of the Board's decision was filed with
the City Clerk by Steven Gottschalk, Kevin Walker, Anne Wilberton, Dean Hoag and
Nan McClurg on April 25, 1994; and
WHEREAS, on May 10. 1994, 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 said hearing, the Council determined that the
Board's decision regarding the Project should be upheld, with modifications; and
WHEREAS. Secti on 2-55 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 Board did not fail to conduct a fair hearing by
substantially ignoring its previously established rules of
procedure:
(b) that the Board did not abuse its discretion in approving the
Project, because its decision was supported by competent evidence
presented to the Board at the hearing, as shown by the record of the
hearing;
(c) that the Board did not fail to conduct a fair hearing by considering
evidence relevant to its findings which was substantially false or
grossly misleading; and
(d) that the Board properly interpreted and applied the relevant
provisions of the City Code in making its decision.
Section 2. That the Council , after considering the evidence and the
arguments presented by the appellants, as well as those opposed to the appeal .
has determined that the decision of the Board should be upheld, with the
following modifications:
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(a) The landscape plan shall be modified to include the pro ision of
additional mature evergreen trees: and
(b) The shingles to be installed on the Project must be determined to be
compatible with the surrounding neighborhoods, with such
determination of compatibility to be made by Mike P.retz, Poudre Fire
Authority Battalion Chief: Ron Phillips. Interim Director of
Planning; and Felix Lee. Administrator of Building Permits and
Inspections, provided, however, that it is not necessary that the
developer be required to install wood shake shingles in order for
the shingle material to be compatible.
Passed and adopted at a regular meeting of the Council of the City of Fort
Collins held this 17th day of May, A.D. 1994.
Mayor
ATTEST:
ETTy .Cl erk
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