HomeMy WebLinkAboutBOSTON CHICKEN PUD FINAL - 79 93A - CORRESPONDENCE - RESPONSE TO APPLICANTto table the decision, it shall also 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
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 not, 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 Iffinal decisions,
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 10final
decisionve 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, „ V44
Kirsten Whetstone, AICP
Project Planner
KAW/gjd
4
Community Planning and Environmental Services
Planning Department
AM
City of Fort Collins
April 11, 1994
Boston Chicken,A Delaware Corp
c/o ZTI Group
1220 S. College Ave.
Fort Collins, Co 80524
RE: Boston Chicken @ Lemay i Pennock PUD - Final, #79-93A
Dear Sirs:
On March 28, 1994, the Planning and Zoning Board of the City of
Fort Collins aipvroved 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 (Kay 23, 1994) 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, 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 of 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 if such
presentation is made at the next succeeding or second
succeeding monthly meeting of the Board. 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 extend the term of this
condition until the date such decision is made).
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6750