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HomeMy WebLinkAboutNORTHBROOK PATIO HOMES @ FAIRBROOKE PUD - PRELIMINARY ..... APPEAL TO CITY COUNCIL OF P & Z BOARD APPROVAL - 7-94 - DECISION - CITY COUNCILMay 11, 1994 Kirsten Whetstone SUBJECT: Resolution 94- Making Findings of Fact Regarding the Appeal of the Planning and Zoning Board Approval of the Northbrook Patio Homes at Fairbrooke PUD, Preliminary Plan and Upholding, with one modification, the Decision of the Board. RECOMMENDATION: On May 10, 1994, Council voted 6-0 to uphold the decision of the Planning and Zoning Board with one modification. 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. EXECUTIVE SUMMARY: The appeal by the affected parties -in -interest was based on the allegations that: 1. The Planning and Zoning Board failed to conduct a fair hearing in that the Board considered evidence relevant to its findings which was substantially false or grossly misleading; and 2. The Planning and Zoning Board did not properly interpret and apply relevant provisions of the City Code in making its decision. At the May 10, 1994 hearing on this matter, Council considered the testimony of City staff, the appellants, and the applicants of the Northbrook Patio Homes at Fairbrooke PUD. In subsequent discussion at this hearing, Council determined that the Planning and Zoning Board did conduct a fair hearing and that the Board did properly interpret and apply relevant provisions of the City Code in making its decision. Council upheld the Planning and Zoning Board's decision to approve the preliminary PUD plans, with the modification that a second access onto Prospect Street be added. 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 NORTHBROOK PATIO HOMES AT FAIRBROOKE PUD. PRELIMINARY WHEREAS, on March 28, 1994, the Planning and Zoning Board ("the Board") approved, with conditions, the Northbrook Patio Homes at Fairbrooke PUD, Preliminary ("the Project"); and WHEREAS, an Amended Notice of Appeal of the Board's decision was filed with the City Clerk by Robert H. Clay 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 decisions regarding the Project should be upheld, with one modification: 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 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 considering evidence relevant to its findings which was substantially false or grossly misleading: and (b) 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 appellant, as well as those opposed to the appeal, has determined that the decision of the Board should be upheld, with the modification of the addition of a second access onto Prospect Street. 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: CityClerk— b0'd T00'oN LT:OT b6 TT fiPW ZZ29-TZZ-204:131 'A11H AlIO SNI1100'13 RESOLUTION 94-83 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 NORTHBROOK PATIO HOMES AT FAIRBROOKE PUD, PRELIMINARY WHEREAS, on March 28, 1994, the Planning and Zoning Board ("the Board") approved, with conditions, the Northbrook Patio Homes at Fairbrooke PUD, Preliminary ("the Project"); and - WHEREAS, an Amended Notice of Appeal of the Board's decision was filed with the City Clerk by Robert H. Clay 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 decisions regarding the Project should be upheld,. with one modification; 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 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 considering evidence relevant to its findings which was substantially false or grossly misleading; and (b) 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 appellant, as well as those opposed to the appeal has .determined that the decision of the Board should be upheld, with the addition of a second access onto Prospect Street. 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. r ATTEST: City Clerk M AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT: ITEIi WUMBER: 34 DATE: May 17, 1994 STAFF• Kirsten Whetstone Resolution 94-83 Making Findings of Fact Regarding the Appeal of the Planning and Zoning Board Approval of the Northbrook Patio Homes at Fairbrooke PUD, Preliminary Plan and Upholding, with one Modification, the Decision of the Board. RECOMMENDATION: On May 10, 1994, Council voted 6-0 to uphold the decision of the Planning and Zoning Board with one modification. 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. EXECUTIVE SUMMARY: The appeal by the affected parties - in -interest was based on the allegations that: 1. The Planning and Zoning Board failed to conduct a fair hearing. in that the Board considered evidence relevant to its findings which was substantially false or grossly misleading; and 2. The Planning and Zoning Board did not properly interpret and apply relevant provisions of the City Code in making its decision. At the May 10, 1994 hearing on this matter, Council considered the testimony of City staff, the appellants, and proponents of the Northbrook Patio Homes at Fairbrooke PUD. In subsequent discussion at this hearing, Council determined that the Planning and Zoning Board did conduct a fair hearing and that the Board did properly interpret and apply relevant provisions of the City Code in making its decision. Council upheld the Planning and Zoning Board's decision to approve the preliminary PUD plans, with the modification that a second access onto Prospect Street be added.