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Home My WebLink AboutMALDONADO SUBDIVISION - PDP - PDP120021 - CORRESPONDENCE - CITIZEN COMMUNICATIONPage 3 of 3 Thanks in advance for your prompt response. Regards, Jerry Gavaldon 970-222-4673 Monday, October 22, 2012 America Online: Page 2 of 3 entered into by the City only if the subject development constitutes a "large base industry" as defined in Article 5, or if the Director determines that it will likely take more than three (3) years to complete all engineering improvements for the development, and only if warranted in light of all relevant circumstances, including, but not limited to, the size and phasing of the development, economic cycles and market conditions. Any such development agreement shall be adopted as a legislative act subject to referendum. Failure to undertake and complete the development within the term of the vested property right shall cause a forfeiture of the vested property right and shall require resubmission of all materials and reapproval of the same to be processed as required by this Land Use Code. All dedications as contained on the final plat shall remain valid unless vacated in accordance with law. (4) Extensions. Extensions for two (2) successive periods of one (1) year each may be granted by the Director, upon a finding that the plan complies with all general development standards as contained in Article 3 and Zone District Standards as contained in Article 4 at the time of the application for the extension. Any additional one-year extensions shall be approved, if at all, only by the Planning and Zoning Board, upon a finding that the plan complies with all applicable general development standards as contained in Article 3 and Zone District Standards as contained in Article 4 at the time of the application for the extension, and that (a) the applicant has been diligent in constructing the engineering improvements required pursuant to paragraph (3) above, though such improvements have not been fully constructed, or (b) due to other extraordinary and exceptional situations unique to the property, completing all engineering improvements would result in unusual and exceptional practical difficulties or undue hardship upon the applicant, and granting the extension would not be detrimental to the public good. A request for an extension of the term of vested right under this Section must be submitted to the Director in writing at least thirty (30) days prior to the date of expiration. Time is of the essence. The granting of extensions by the Director under this Section may, at the discretion of the Director, be referred to the Planning and Zoning Board. 2 If the PDP is approved and the site is sold to another buyer. a. Can the new buyer can build as per the PDP that was approved. Yes, once a Final Plan and building permit is approved. I should point out that because so much information has been asked for already by the planning, forestry, engineering and stormwater departments, that there really isn't anything more to add to these plans to make them Final Plans. This is due in part because we have asked for a lot of information because of the sensitive nature of infill development in this neighborhood. b. Can the new buyer make changes and request new modifications? A note is included on the proposed PDP plan that states if changes are proposed at the time of Building Permit, the Director shall review the proposed amendments and determine whether they shall be processed as a Minor Amendment or Major Amendment. Additional new modifications could be proposed, however, it is highly unlikely there would be justification for a recommendation of support. Any proposed building changes would need to be very similar in character to the elevations submitted as part of the proposed PDP or they would be deemed Major Amendments which would require approval from a Hearing Officer. c. Can the new buyer put something totally different? Does he/she need to apply for a new PDP with modifications? If a buyer proposes something totally different than the building elevations that are proposed, then they would be required to submit a Major Amendment to the PDP, which would require approval from a Hearing Officer. The three modifications, if approved, would remain in place although the new proposed plan may not use them for some reason (example, no garage is proposed). Please cite any code and other rules that pertain to each. Monday, October 22, 2012 America Online: 7JU ;Subject: RE: Additional clarifcation needed. .From: Jason Holland 'Date Monday, October 22, 2012 10:29 AM ;To: 'jjg1973' _ Gary, please see the clarification below. Thanks, Jason Holland 970.224.6126 From: jjg1973 [mailto:jjg1973@aol.com] Sent: Friday, October 19, 2012 1:00 PM To: Jason Holland CC: Laurie Kadrich; Darin Atteberry Subject: Additional clarification needed. Hello Jason, need to have some clarification on the following. d�� ✓� ��Y� , Page 1 of 3 1. If the PDP is approved. Is there a time limit that the PDP must be started, worked on? For example, the PDP is approved and no work is done on the property, does the PDP expire and how long before expiring? The PDP is valid for three years, which is the time in which an applicant has to file a Final Plan. Once the Final Plans are approved, the applicant has three years to install any public improvements required with the plans (sewer, water, streets, curb, gutter, street lights, fire hydrants and storm drainage). The exact code language for PDP and FP is below: Excerpt from 2.2.11: (C) Project Development Plan and Plat. Within a maximum of three (3) years following the approval of a project development plan and upon the expiration of any right of appeal, or upon the final decision of the City Council following appeal, if applicable, 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 development 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. No 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. Term of Vested Right. Within a maximum of three (3) years following the approval of a final plan or other site specific development plan, the applicant must undertake, install and complete all engineering improvements (water, sewer, streets, curb, gutter, street lights, fire hydrants and storm drainage) in accordance with city codes, rules and regulations. The period of time shall constitute the "term of the vested property right." The foregoing term of the vested property right shall not exceed three (3) years unless: (a) an extension is granted pursuant to paragraph (4) of this subsection, or (b) the City and the developer enter into a development agreement which vests the property right for a period exceeding three (3) years. Such agreement may be Monday, October 22, 2012 America Online: