HomeMy WebLinkAboutTIMBERLINE FARMS PUD, DIAMOND SHAMROCK CORNERSTORE - FINAL - 42-89E - CORRESPONDENCE - RESPONSE TO APPLICANTComm* Planning and Environmental lovices
Current Planning
City of Fort Collins
April 5, 1996
Mr. David Jones
Galloway, Romero and Associates
14202 East Evans Avenue
Denver, CO 80014
RE: Diamond Shamrock at Timberline Farm Final P.U.D.
Dear Mr. Jones:
On Monday, March 25, 1996, at the regular meeting of the City of Fort Collins Planning and
Zoning Board, the Board voted 6 - 0 to approve Diamond Shamrock at Timberline Farm, Final
P.U.D., #42-89E, 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
(May 20, 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
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 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
281 North College Avenue - P.O. Box 580 - Fort Collins, CO 80522-0580 - (970) 221-6750
FAX (970) 221-6378 - TDD (970) 224-6002
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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 regarding this action by the Planning and Zoning Board, please feel
free to call our office at 221-6750.
Sincerely:
Ted Shepard
Senior Planner