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HomeMy WebLinkAboutRIGDEN FARM, 8TH FILING, THE SHOPS @ RIGDEN FARM - PDP - 56-98R - CORRESPONDENCE - CITY STAFF!Steve Olt Re Rigden Farm 8th Filing_ ig Soopers Center Page 2 I need your assistance on this issue as soon as possible ... has to do with the pending Kroger strike vote etc... Thanks in advance for any help you can give me. Dennis W. Wyatt Wyatt & Associates, P.C. 1865 S. Pearl St. Denver, CO 80210 (303)698-1717 CC: Cameron Gloss; Paul Eckman; Sheri Wamhoff Steve Olt - Re: Rigden Farm 8th Filing Soopers Center _ Page 1 From: Steve Olt To: Dennis Wyatt Date: 10/26/04 9:27AM Subject: Re: Rigden Farm 8th Filing --King Soopers Center Dennis, The Citys Land Use Code. (LUC) does set forth criteria for time limits on both Project Development Plans (PDP) and Final Plans for site specific development plans. As stated in Section 2.2.11(C) of the LUC, approval of a Final Plan (by the Director of Current Planning) must be obtained within 3 years of approval of a PDP. The date of approval for The Shops at Riqden Farm, PDP is September 4, 2003. Final Compliance Plans for The Shops at Rigden Farm were submitted to the City on October 13, 2003. To satisfy the requirement set forth in this section, the Final Plans must be approved by the Director (signed and recorded) within 3 years of the PDP approval date, or September 4, 2006. If such approval is not obtained, the PDP shall automatically lapse and become null and void. The Director may grant 1 extension of the foregoing 3-year requirement, which extension may not exceed 6 months in length. No vested rights (to construct a project) shall ever attach to a PDP. As stated in Section 2.2.11(D)(3) of the LUC, within 3 years following approval of a Final 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' for the project. Therefore, if The Shops at Rigden Farm, Final Plans are approved and recorded and all engineering improvements are installed and completed within 3 years of the date of Final Plan approval then the requirements of this section, and the "term of the vested property right', will have been met. Section 2.2.11(D)(4) of the LUC does set forth criteria for the Director to grant Extensions to an approved Final Plan. Extensions for 2 successive periods of 6 months may be granted by the Director, upon finding that the plan complies with all general development standards as contained in Article 3 and the Zone District Standards as contained in Article 4 at the time of application for the extension. A request for an extension of the term of vested right must be submitted to the Director, in writing, at least 30 days prior to the date of expiration (of the Final Plan, if all engineering improvements are not installed and completed). Any additional 6-month extensions shall be approved, if at all, only by the Planning and Zoning Board, upon 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 for the extension. Hopefully, this response is sufficient to answer your question about the lapse, or expiration, of the approval for the PDP and pending approval for the Final Plan for The Shops at Rigden Farm. Please let me know if you need additional information regarding this matter. Steve >>> "Dennis Wyatt' <dwyaftawvattarch.com> 10/25/04 02:48PM >>> Steve: Can you help me in determining if the Project Development Plan or Plat expire if not constructed within a certain time limit from the time of approval. I am looking at the Land Use Code, 2.2.11 (C)... does this mean that if the project is not constructed withing three (3) years following the approval that the plan shall laspe? Do we go by 2.2.11 (D) that indicates a 3 year vested rights period.