HomeMy WebLinkAboutHUGH M WOODS PUD - FINAL - 26-88E - DECISION - MINUTES/NOTESMinutes of the Planning and Zoning Board DRAPT
May 19,1997
OTHER BUSINESS:
HUGH M. WOODS: MODIFICATIONS OF CONDITIONS OF FINAL APPROVAL
Deputy City Attorney Eckman stated that the Board has a letter in their packets dated May 12,
1997 from Ms. Liley, representing the landowner of the property. The applicant is requesting is
that the Board extend the conditional approval until March 10, 1998, which would be three years
total from the time this plan was approved. That is the vested right that is under statute required
to be given. In exchange for the extension of time, they would agree to waive any right they
might have had to an additional period of time beyond the time when the development agreement
and utility plans were filed. That is what is stated in the condition, once the development
agreement came in, the utility plans were accepted and approved, then that would be when the
three year period would begin, under the condition of approval. That is a little different from
what the code and the statute say, which is that the three year period starts upon the time of the
Planning and Zoning Board approval of the final plan.
The applicant is willing to waive that if they can get an extension up until March 10, 1998. He
stated that if the Board is inclined to do that, the waiver needs to be in recordable form and
recorded at Larimer County Courthouse and needs to executed by the owner prior to any
contract. If the owner is intending to enter into a sales contract that needs to signed and
recorded before that contract happens, or else it also needs to be signed by the contract purchaser,
so that all parties are bound by the waiver.
Mr. Eckman stated he had talked to Ms. Liley and she had indicated that they are willing to
ensure that that be done. Mr. Eckman stated that the Board could also impose as a condition of
this extension also that they waive any right to further extensions of the vested property rights.
Member Weitkunat moved that the Board approved the Modification of Conditions for
final approval for the Hugh M. Woods P.U.D. and extend it to March 10, 1998 with the
inclusion that a waiver be included and recorded that as of that date all rights to
development will cease and no more extensions exist.
Member Gavaldon seconded the motion.
Mr. Eckman asked if the motion meant no more extensions to the P.U.D. approval.
Member Weitkunat replied that was correct.
The motion was approved 5-0.