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HomeMy WebLinkAboutARAPAHOE FARM TOWNHOMES PUD - FINAL - 55-87K - CORRESPONDENCE - RESPONSE TO APPLICANT rThCPlanommningu•Departm Planni entng and Environmental vices City of Fort Collins March 29, 1994 Mr. Jim Postle The James Company c/o Cityscape Urban Design 3555 Stanford Road, Suite 105 Fort Collins, CO 80525 RE: Arapahoe Farms Townhomes, Final P.U.D. Dear Eldon: 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 conditions Arapahoe Farms Townhomes, Final P.U.D. , #55-87K. The conditions of approval are 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 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 410 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. 2 . No building permit shall be issued in this development until the vacation of the stub end of Hilburn Drive is completed, which vacation shall include the retention by the City of an easement of ten feet in width for a sidewalk connecting this development with Regency Park P.U.D. (Unless otherwise agreed upon in writing by the owners of the two properties abutting said portion of Hilburn Drive to be vacated, the sidewalk easement shall be located in the middle of the right-of-way to be vacated. Said vacation shall also include the retention of a utility easement for the existing water line. 3 . Final plans shall contain modifications to the parking and drive area next to Building G, changing evergreen species from Austrian Pine to Blue Spruce, expanding the notes regarding control of construction debris and temporary construction fencing, and specifying the roof materials on the architectural sheet. 4 . The landscaping along the easterly property line shall either be installed with Phase One, or secured with an irrevocable letter of credit, an escrow account, or a performance bond, for 125% of the valuation of the job (materials and labor) and installed prior to the issuance of a certificate of occupancy of the first building in Phase Two. 5. The physical removal of the stub end of Hilburn Drive shall be part of the Phase One improvements. If you have any questions regarding these actions by the Planning and Zoning Board, please call the Planning Department at 221-6750. Sincerely: Ted Shepard Senior Planner