HomeMy WebLinkAboutMARINE SPORTS WEST AND HARRIS MACHINE PUD FINAL APPEAL TO CITY COUNCIL - 43 92 - REPORTS - FINDINGS, CONCLUSIONS & DECISIONAGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
ITEM NUMBER: 28
DATE: January 5, 199t3
STAFF• Kirsten Whetstone
SUBJECT:
Resolution 93-6 Making Findings of Fact and Conclusions Regarding an Appeal
From a Decision of the Planning and Zoning Board Relating to the Marine Sports
West and Harris Machine PUD.
RECOMMENDATION:
Staff recommends adoption of this Resolution.
EXECUTIVE SUMMARY:
On November 16, 1992 the Planning and Zoning Board voted 4-2 to approve the
Marine Sports West and Harris Machine PUD- Preliminary and Final. On November
19, 1992 an appeal of the final decision was made by John J. Haggerty.
On December 15, 1992, Council voted 4-2 to overturn 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 allegations that:
The Planning and Zoning Board abused its discretion in making an arbitrary
decision without the support of competent evidence in the record.
2. the Planning and Zoning Board failed to properly interpret and apply
relevant provisions of the Code and Charter.
At the December 15, 1992 hearing on this matter, Council considered the testimony
of City staff, the appellant, and the applicants of the Marine Sports West and
Harris Machine PUD. In subsequent discussion at this hearing, Council determined
that the Planning and Zoning Board did not abuse its discretion in making an
arbitrary decision, but that the Board failed to properly interpret and apply the
relevant provisions of the Code and Charter; and determined to overturn the
decision of the Board.
RESOLUTION 93- 6
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
AN APPEAL FROM A DECISION OF THE PLANNING AND
ZONING BOARD RELATING TO THE MARINE SPORTS WEST
AND HARRIS MACHINE PUD
WHEREAS, on November 16, 1992, the Planning and Zoning Board ("the Board")
approved the Marine Sports West and Harris Machine PUD Preliminary and Final
Plan; and
WHEREAS, on November 19, 1992, an appeal of the Board's decision was made
by John J. Haggerty; and
WHEREAS, on December 15, 1992, 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 arguments from the
appellants and other parties - in- interest.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1. That the grounds for appeal as stated in the appelIant 's notice
of appeal dated November 19, 1992, conform to the requirements of Section 2-48
of the City Code.
Section 2. That, in reviewing the Marine Sports West and Harris Machine
PUD Preliminary and Final, the Board failed to properly interpret and apply the
relevant provisions of the City Code, because the Board overlooked the fact that
certain activities, including the outside removal of motors from boats and the
testing of motors in an outdoor test tank were being conducted in violation of
Criterion No. 2 of Activity "D" (the Auto -related and Roadside Commercial Point
Chart), which criterion requires, in order to achieve the minimum applicable
points, an affirmative response to the question:
Are all repair, painting and bodywork activities,
including storage of refuse and vehicular parts, planned
to take place within an enclosed structure? (Emphasis
supplied.)
Section 3. That, for the foregoing reason, the decision of the Board
approving the Marine Sports West and Harris Machine PUD is hereby overturned, and
the application for approval of said PUD is hereby denied.
1
Passed and adopted at a regular meeting of the Council of the City of Fort
Collins held this 5th day of January, A.D. 1993.
ATTEST:
City Clerk
2
r