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HomeMy WebLinkAboutTACO BELL AT THE MARKET PLACE PUD - PRELIMINARY & FINAL - 21-89F - CORRESPONDENCE - RESPONSE TO APPLICANTCOMMOy Planning and Environmental9ervices Planning Department March 28, 1994 Gardiner Hammond Taco Bell c/o Architecture One 150 East 29th Street, Suite 200 Loveland, CO 80538 RE: Taco Bell at Market Place P.U.D. Dear Al: On Monday, March 28, 1994, at the regular meeting of the City of Fort Collins Planning and Zoning Board, the Board voted 6 - 0 to approve, with one condition, Taco Bell at Market Place P.U.D., Amended Preliminary and Final, #21-89F. The condition of approval is as follows: 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 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 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 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 281 North College _-kvenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6750 to 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 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 the 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 contact the Planning Department at 221-6750. Sincerely: Ted Shepard Senior Planner