HomeMy WebLinkAboutIN-SITU - PDP - 46-02A - CORRESPONDENCE - RESPONSE TO APPLICANTli
Therefore, the Modification of the Buffer Zone would be valid and govern the
Phase Two improvements as long as the P.D.P. and Final Plan remain vested in
accordance with Section 2.2.11 of the Land Use Code. In other words, the
Modification does not expire after one year in February of 2004, assuming, of
course, that the Hearing Officer approves the P.D.P. The Hearing Officer is
expected to issue his decision within ten working days of the public hearing of
December 17, 2003.
As always, please feel free to call if you have any further questions.
Sincerely:
-
Ted Shepard
Chief Planner
A
City of Fort Collins
Comm& Planning and Environmental .vices
Current Planning
December 19, 2003
Ms. Linda Ripley
V-F Ripley and Associates
401 West Mountain Avenue, Suite 201
Fort Collins, CO 80521
RE: In -Situ, Inc. P.D.P. and Buffer Zone Modification
Dear Linda:
This letter is to respond to your request for verification of the applicability of the
In -Situ "Modification for Encroachment into the Poudre River Buffer Zone" with
respect to Phase Two of the building envelope as indicated on the Project
Development Plan. As you are aware, the Modification was submitted as a
"stand-alone" Modification in advance of the P.D.P. The Modification was
granted by the Planning and Zoning Board and upheld by the City Council on
appeal in February of 2003. Such Modifications are valid for one year.
The P.D.P. was considered by the Hearing Officer on December 17, 2003. If the
P.D.P. is approved by the Hearing Officer, and if appealed, upheld by the City
Council, then the project is eligible for Final Plan. A P.D.P. has a period of three
years during which the applicant must proceed with the Final Plan. (One six
month extension is available.) (See Section 2.2.11(C) of the Land Use Code.)
Upon signing of the Development Agreement, Utility Plans and Final Plan, and
upon proper recording of these final documents, the project then has a period of
three years to undertake and install all engineering improvements in accordance
with city codes. This is also referred to as the "Vested Right." (Two successive
six month extensions are available.) (See 2.2.11(D) of the Land Use Code.)
Staff considers the Modification of the Buffer Zone to be a part of the P.D.P. and
that this Modification would be carried forward and be a part of the Final Plan.
Further, Staff considers the Phase Two improvements (building expansion,
parking lot expansion and new landscaping) to also be a part of the P.D.P. and
Final Plan.
281 North Collette Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020