HomeMy WebLinkAboutHARMONY MARKET PUD, 9TH FILING - PRELIMINARY & FINAL - 54-87X - CORRESPONDENCE - RESPONSE TO APPLICANTand EnvironmentalOrvices
Planning Department
August 24, 1994
Mr. Eldon Ward
Cityscape Urban. Design
3555 Stanford Road, Suite 105
Fort Collins, CO 80525
RE: Tyco Oil Company Convenience Store, Harmony Market 9th.Filing
Dear Eldon:
On Monday, August 22, 1994, at the regular meeting of the City of
Fort Collins Planning and Zoning Board, the Board voted 7 0 to
approve Tyco Oil Company Convenience Store, Harmony Market 9th
Filing, Preliminary and Final P.U.D. #54-87X, 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 (October 24, 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 staffand 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 805224)580 • (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' II, Division 3, of the City Code, the Iffinal decisionvo
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 91final
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:
4
T4Ted Shepard
Senior Planner