HomeMy WebLinkAboutLIBERTY FARMS - PDP - 31-06A - CORRESPONDENCE - PROJECT EXTENSIONDivision 2.2, Common Development Review Procedures
Section 2.2.11(B)
(B) Overall Development. Plan: There is no time limit, for action on an overall
development plan. Because anoverall development plan is only conceptual in
nature"no vested rights shall ever attach to an overall development plan. The
approval of,. or completion of work pursuant to, project development plans or
finaL.plans for portions of an overall development plan shall not create vested
rights for thoser portions of the overall development plan which have not
received such approvals and have not been completed.
(C) Project Development Plan and Plat. Within a maximum of three (3) years fol-
lowing the approval of a project development plan, the applicant must proceed
by obtaining the Director's approval of a;final plan for all or part of the project
..development plan.;. If, such: approval, is, not timely obtained, the project develop-
ment,plan (or any portion thereof which has not received final approval) shall
automatically lapse and become null and void. The Director may grant one (1)
extension of the foregoing three-year requirement, which extension may not
exceed six (6) months in length. 1No vested rights shall ever attach to a project
development plan. The approval of, or completion of work pursuant to, a final
plan for portions of a: project development plan shall not create vested rights for
those portions of the project development plan which have not received such final
plan approval and have not been completed.
(D) Final -Plan and Plat and Other Site Specific Development Plans.
(1) Approval. A site specific development plan shall be deemed approved
upon the expiration of any right of appeal of the approval by the decision
maker relating thereto, except that in the event that any such decision `of
approval has been appealed, the site specific development plan shall be
deemed approved as of the date of the City's final action with regard to
such appeal.
(2) Publication. A "notice of approval" describing generally the type and
intensity of use approved and the specific parcel or parcels affected, and
stating that a,vested property right has been created or extended, shall be
published by the City once, not later than fourteen (14) days after the
expiration of any right of appeal of the approval of any final plan or other
site specific development plan, or, in the event of the filing of an appeal,
after final resolution by the City of such appeal, in a newspaper of general
circulation within the City. The period of time permitted by law for the
exercise of any applicable right of referendum or judicial review shall not
begin to run until the date of such publication, whether timely made
within said fourteen -day period, or thereafter.
(3) Tenn of Vested Right. Within a maximum of three (3) years following
the approval of a final plan or other site specific development plan, the
Article 2, Page 30
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Frazier & Company Ventures, LLC
2121 Midpoint Drive, Suite 302
Fort Collins, Colorado 80525
Office: (970) 498-0833
Fax: (970) 498-0843
October 20, 2010
Mr. Steve Dush
Director
Current Planning Department
City of Fort Collins
281 North College
Fort Collins, CO 80524
RE: Request for Extension of Final Plan approval deadline for Liberty Farms Project
Development Plan
Dear Mr. Dush,
On December 6, 2007, the City of Fort Collins Planning and Zoning Board approved the
Liberty Farms Project Development Plan. Pursuant to paragraph 2.2.11(C) of the Fort
Collins Land Use Code, within three years following the approval of a project
development plan, the applicant must proceed by obtaining the Director's approval of a
final plan for all or part of the project development plan. The code makes provision for
the Director to grant one extension to this requirement, which may not exceed six months
in length.
Pursuant to paragraph 2.2.11(C), on behalf of the owner, Kevin Frazier, I hereby request
that you, as Director, grant a six month extension for the approval of the Liberty Farms
final plan which includes the final compliance plan, the utility plan, and the final plat.
We are making this request due to the current economic conditions delaying us from
securing necessary funding to gain lien holder approval for the final plat. Given recent
progress to secure the funding, we believe the six month extension will provide sufficient
time to gain the necessary lien holder approvals.
I can be reached at (970) 488-2749. Thank.you for your consideration.
Sincerely yours,
1:; 1 --�a
Don Tiller