HomeMy WebLinkAboutNOVOVESKY GARDEN CENTER - FINAL - 13-95B - CORRESPONDENCE - RESPONSE TO APPLICANTthe vesting of rights. For purposes of calculating the running of time for the filing of
an appeal pursuant to Chapter 2, Article II, Division 3, of the City Code, the "final
decision" of the Board shall be deemed to have been made at the time of this
conditional approval; however, in the event that a dispute is presented to the Board for
resolution regarding provisions to be included in the development agreement, the
running of time for the filing of an appeal of such "final decision' shall be counted
from the date of the Board's decision resolving such dispute.
If you have any questions, please call our office at 221-6750.
Sincerely,
Ted Shepazd
Senior Planner
TS/gjd
Commu.v Planning and Environmental F ---vices
Current P,. .iing
City of Fort Collins
October 4, 1995
Michael Novovesky
c/o Jim Sell Design
117 East Mountain Avenue
Fort Collins, CO 880524
Re: Novovesky Garden Center, Final P.U.D., 413-95B
Dear Sirs:
On September 25, 1995, the Planning and Zoning Board of the City of Fort Collins approved the
above referenced project with the following condition:
1. The Planning and Zoning Board approves this planned unit development final plan
upon the condition that the development agreement, final utility plans, and final P.U.D.
plans for the planned unit development be negotiated between the developer and City
staff and executed by the developer prior to the second monthly meeting (November 20,
1995) of the Planning and Zoning Board following the meeting at which this planned
unit development final plan was conditionally approved; or, if not so executed, tha tthe
developer or the City staff, at said subsequent monthly meeting, apply to the Board for
an extension of time. The Board shall not grant anysuch extension of time unless it
shall first find that there exists with respect to said planned unit development final plan
certain specific unique and extraordinary circumstances which require the granting of
the extension in order to prevent exceptional and unique hardship upon the owner or
developer of such property and provided that such extension can be granted without
substantial detriment to the public good.
If the staff and the developer disagree over the provisions to be included in the
development agreement, the developer mayh present such dispute to the Board for
resolution. The Board may table any such decision, until both the staff and the
developer have had reasonable time to present sufficient information to the Board to
enable it to make its decision. (If the Board elects to table the decision, it shall also, as
necessary, extend the term ofthis condition until the date such decision is made).
If this condition is not met within the time established herein (or as extended, as
applicable), then the final approval of this planned unit development shall become null
and void and of no effect. The date of final approval for this planned unit development
shall be deemed to be the date that the condition is met, for purposes of determining
281 North College Avenue • P.O. Box 580 Fort Collins, CO 80522-0580 • (970) 221-6750
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