HomeMy WebLinkAboutHARMONY SAFEWAY MARKETPLACE PUD - FINAL - 33-94B - CORRESPONDENCE - RESPONSE TO APPLICANTAnd void and of no effect. The date of final approval for this planned unit deyelopments
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 I1, 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.feel free to call our office at 221-6750.
Sincerely:
-1100
Ted Shepard
Senior Planner
Comrr ity Planning and Environment;
Current Planning
Mr. Dennis Wyatt
Wyatt and Associates
1865 South Pearl Street
Denver, CO 80210
ervices
October 8, 1996
RE: Harmony Safeway Marketplace, Phases One and Two, Final P.U.D.
Dear Dennis:
On Monday October 7, 1996, at the continued meeting of the City of Fort Collins Planning and
Zoning Board, the Board voted 6 - 0 to approve Harmony Safeway Marketplace, Phases One and
Two, Final P.U.D. #33-94B, subject to 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 25, 1996) 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, that the
developer or the City staff, at said subsequent monthly meeting; apply to the Board for an
extension of time. The Board shall not grant any such 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 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 may 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 of this 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
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522,0580 • (970) 221-6750
FAX (970) 221-6378 • TDD (970) 224-6002