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HomeMy WebLinkAboutHARMONY MARKET PUD, 6TH FILING, RED ROBIN - PRELIMINARY & FINAL - 54-87T - CORRESPONDENCE - RESPONSE TO APPLICANT (2)and Environmentaltrvices Planning Department June 7, 1994 Mr. Craig Cahen CS Architects 7555 East Hampden Avenue, Suite 525 Denver, CO 80231 RE: Red Robin at Harmony Market P.U.D., sixth Filing Dear Craig: On Monday, June 6, 1994, at the continued meeting of the May 23, 1994 Planning and Zoning Board, the Board voted 6 - 0 to approve Red Robin at Harmony Market, Sixth Filing, Final P.U.D.', 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 (July 25, 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 Co Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6750 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 I1, Division 3, of the City Code, the 'Ifinal decisionot 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 tiling of an appeal of such elf inal decision'o shall be counted from the date of the Boardls 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