HomeMy WebLinkAboutHARMONY MARKET PUD, 6TH FILING, RED ROBIN - PRELIMINARY & FINAL - 54-87T - CORRESPONDENCE - MEMO / P & Z BOARDJ.
Planning Department
of Fort Collins
ing and Environmental ences
MEMORANDUX
TO: Planning and Zoning Board
FROM: Ted Shepard, Senior Planner
DATE: June 3, 1994
RE: Red Robin at Harmony Market, Final P.U.D.
At the May 23, 1994 meeting of the Planning and Zoning Board, the
Board voted 5 - 0 to approve Red Robin at Harmony Market P.U.D.,
Sixth Filing, Preliminary, subject to the following conditions:
1. The neon red tubing shall be deleted off the building.
2. The color of the red batten seam metal roof shall be
represented by a color sample. It is preferred that this
color be not be a primary red, but, rather, a muted
® burgundy tone.
.Since this action by the Planning and Zoning Board, the following
changes have been made to the Final P.U.D.:
1. The neon red tubing has been deleted off the building.
2. The color of the metal batten seam metal roof is a
burgundy tone, not primary red.
3. The synthetic stucco of the building's exterior has been
replaced with brick. The building now features an all
brick exterior.
Staff finds that the conditions of Preliminary P.U.D. approval have
been satisfied.
RECOMMENDATION:
In reviewing the request for Final P.U.D. for Red Robin at Harmony
Market, Staff makes the following findings of fact: .
1. The Final P.U.D. is in substantial conformance with the
Preliminary.
® 2. The conditions of Preliminary approval have been satisfied.
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 0 (303) 221-6750
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3. The P.U.D. satisfies the All Development criteria and the
® Business Services Point Chart of the L.D.G.S.
Staff recommends approval of Red Robin at Harmony Market, Final.
P.U.D., Sixth Filing, #54-87T, 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 nest 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).
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.
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