HomeMy WebLinkAboutHARMONY MARKET PUD, 1ST FILING - FINAL - 54-87C - LEGAL DOCS - APPEAL TO CITY COUNCIL RESOLUTION 89- 119
OF THE COUNCI . OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT REGARDING_.THE BIGELOW
APPEAL OF THE PLANNING AND ZONING'_BOARD'S
APPROVAL OF THE AMENDMENT`OF:THE OAK-COTTONWOOD FARM
MASTER PLAN; THE HARMONY MARKET P.U.D.. (PRELIMINARY);
' AND THE HARMONY MARKET P.U.D. PHASE ONE (FINAL;
AND UPHOLDING`'THE DECISION OF THE BOARD
WHEREAS, on April 24, 1989, the Planning~ and Zoning Board, after
notice and hearing, approved the .Amendment of the Oak=Cottonwood, :Farm
Master Plan; the Harmony Market P.U.D. (Preliminary); and the Harmony
Market P.U.D. Phase One (Final); and
WHEREAS, on May 8, 1989, Edwin C. Bigelow filed a notice of appeal
and, on May 15, 1989, filed an amended notice of appeal, appealing the
aforesaid decisions of the Planning and Zoning Board; and
WHEREAS, on May 30, 1989, 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 Edwin C. Bigelow; and
WHEREAS, upon hearing and after full consideration of the evidence_ 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 (as
amended) of Edwin C. .Bigelow conform to the requirements of
Section 2-48 of the City Code.
2. The. Planning and Zoning Board:
a. Did not abuse its discretion, and its decision was not
arbitrary and was supported by competent evidence in the
record;
b. Did not fail to properly interpret and apply relevant
provisions of the Code. and Charter (including the Land
Development Guidance System and the All . Development
Criteria as contained therein); and
c. Did not fail to conduct a fair hearing either by: (1)
exceeding its authority or jurisdiction as contained in
the Code and Charter; (2) substantially ignoring its
previously established rules of Procedure; (3)
considering evidence relevant to its f .ndings .which was..°:
substantially false or grossly misleading or '14)
improperly failing to receive all relevant evidence
offered by the appellant.
3. The concurrent hearing by the Planning and Zoning Board of
the Master Plan, the Preliminary. Plan and the Final Plan
complied with the provisions of Section 29-526(F)(4)(a) of
the City Code.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY' `OF FORT
COLLINS that the decision of the Planning and Zoning Board of April-24,
1989; approving the Amendment of the Oak-Cottonwood Farms Master Plant__.;the
Harmony, Market P.U.D. (Preliminary), and the Harmony Market P.U.D. Phase
One (Final) is hereby upheld.. .
Passed-and adopted at a regular meeting of he Council of the City of
Fort Collins held this 20th day of JAI A.D. 1989.
Mayor
TTEST
I • Iri91-\7\44eittslt
City C erk
RESOLUTION. 89- 120
• OF THE COUNCIL OF THE -CITY OF FORT COLLINS
• MAKING FINDINGS OF FACT•REGARDING THE MULTI-PARTY
.. '...APPEAL OF THE PLANN'ING'ANDZONING BOARD'S
APPROVAL 'OF THE. AMENDMENT ;OF THE-OAK-COTTONWOOD FARM
MASTER PLAN; THE HARMONY MARKET P.U.D. (PRELIMINARY);
AND-THE HARMONY- MARKET 'P.U.D. PHASE_ONE: (FINAL); `
AND UPHOLDING 'THE-DECISION OF THE BOARD
01WHEREAS, on April 24, 1989, the Planning .,and Zonin Board, after
notice; and ..hearing, approved the -Amendment of the _Oak-Cottonwood Farm
Master Plan; the Harmony Market P.U.D. (Preliminary);, and the Harmony
Market-P.U.D. Phase One (Final:), and
WHEREAS, on May 8, 1989, an appeal- dated May 5, 1989 and executed by a
number of persons was filed, appealing the aforesaid decisions• of the
Planning and Zoning Board; and •
;;;
WHEREAS, on May 30, 1989, 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 said multiple parties_; and
. WHEREAS, upon hearing and after full consideration of the evidence �as
presented 'to the Planning and Zoning Board, and after hearing argument
thereon, the Council made the following findings of fact: F
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1. Certain of the grounds
by appellants at the hearing) of said
multiple parties conform-to-the requirements of Section 2_;48=
of the City Code.
2. The Planning and Zoning Board:
•
a. Did not abuse its discretion, and its decision was not
arbitrary and was supported by competent evidence in the
record;
b. Did not fail to •properly..interpret and apply relevant -, gr ' , •
provisions of the Code and Charter (including the Land'
Development Guidance.: System and the All Development
Criteria as contained-therein); and
c. Did not fail to conduct. a fair hearing either by:
exceeding its authority. or Jurisdiction as contained� infi
• the Code and . Charter; (2) substantially : ignoring its r � � � •
• - previously establ fished .rules- of procedure; (3) A .t L.
• considering evidence relevant to its findings which was` ;:;:
substantially false Or' grossly misleading; or (4)
• : improperly failing to receive all relevant evidence
offered-by the appellant --
The concurrent hearing by.' the.. Planning and Zoning Board 'of
the Master Plans.
,. the Preliminary Plan and the Final Plan
�
o-
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complied with the provisions of Section 29 526(F)(4)(a) of
the City Code. -- ,
NOW, THEREFORE,`•: BE-• IT RESOLVED BY THE ,COUNCIL OF THE • CITY OF FORT '
COLLINS that the decision 'of the Planning and Zonng,,.Board-•ofApri1 ,24,
1989, approving the,;Amendment of the. Oak-Cottonwood=Farms..Master Plan,•hthe . `.
'Harmony Market :•P.U.0 (.Preliminary), and the Harmony Market P.U.D. Phase
• One (Final) is hereby upheld. -
-Passed and:'',adopted. •at• .a regular_ meeting of the:•Council of the City =of
Fort Collins held this 20th day of:June,. A:0, 9. • :• -
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_yore
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City Cler . .
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