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HomeMy WebLinkAboutLINCOLN EAST CONVENIENCE CENTER PUD (DIAMOND SHAMROCK) - PRELIMINARY - 40-94D - CORRESPONDENCE - RESPONSE TO APPLICANTIf 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 the 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,, i� Mike Ludwig City Planner ML/gjd Community Planni Current Planning City of Fort Collins April 1, 1997 and Environmental Services Diamond Shamrock Refining and Marketing, Inc. 520 E. 56th Avenue Denver, CO 80216 RE: Lincoln East Convenience Center P.U.D., Preliminary, ,#40-94D. Dear Sirs: On March 24, 1997 the Planning and Zoning Board of the City of Fort Collins approved the above referenced project including a variance to Criteria 4 of the Auto -Related and Roadside Commercial Point Chart and with the following condition. I I� GOC'fZ;C,� 1. The Planning.and ning Board approves this planne uni ve opment final plan upon the condi 'on that the development agr ement, final utility plans, and final P.U.D. plan for the planned unit velopment be negotiated between the developer a City staff and exe ted by the developer prior to the second monthly meetin (May 19, 1997) the Planning and Zoning Board following the meeting at whi this plann unit development final plan was conditionally approved; or, if t so exe uted, that the developer or the City staff, at said subsequent monthl meet' g, apply to the Board for an extension of time. The Board shall not gran such extension of time unless it shall first find that there exists with resp t to said planned unit development final plan certain specific unique and xt ordinary circumstances which require the granting of the extension ' ord to prevent exceptional and unique hardship upon the owner or, evelope f such property and provided that such extension can be gra ted without _ ubstantial detriment to the public good. If the staff and the de eloper disagree over th provisions to be included in the development ag eement, the developer may resent such dispute to the Board for resoluti The Board may table any su , decision, until both the staff and the d eloper have had reasonable tim to present sufficient information to t e Board to enable it to make its decision. If the Board elects to table the d cision, it shall also, asnecessary, exten he term of this condition unti the date such decision is made). 281 North College Avenue • P.O. Boa 580 • Fort Collins, CO 80522-05S0 • (970) 221-6750 FAX (970) 221-6378 • TDD (970) 224-6002 Comr `city Planning and Environment Services Current Planning City of Fort Collins April 8, 1997 Diamond Shamrock Refining and Marketing, Inc. c/o Hugh Green 520 E. 56th Avenue Denver, CO 80216 RE: Lincoln East Convenience Center PUD, Preliminary, #40-94D. Dear Sirs: It has been brought to my attention that my letter to you dated April 1, 1997 contained an incorrect condition of approval for the Lincoln East Convenience Center PUD, Preliminary, #40-94D. Please disregard the condition stated in the April 1, 1997 letter. On March 24, 1997, the Planning and Zoning Board of the City of Fort Collins approved the above referenced project including a variance to Criteria 4 of the Auto - Related and Roadside Commercial Uses Point Chart and with the following condition:. 1. The cost for the conveyance of off -site flows coming onto the site will be shared between the developer and the City of Fort Collins. The developer will be responsible for the cost of conveying all historic flows. The City will be responsible for the cost of conveying future flows greater than the historic flows. I apologize for any confusion this error may have caused. If you have any questions, please call our office at 221-6750. Sincerely, Michael Ludwig City Planner cc: Carl Schmidtlein, Galloway, Romero & Associates via fax # (303) 770-3636 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 - (970) 221-6750 FAX (970) 221-6378 • TDD (970) 224-6002