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HomeMy WebLinkAboutDAKOTA RIDGE PUD THIRD FILING FINAL - 60 91L - CORRESPONDENCE - RESPONSE TO APPLICANTCommunity P➢< ng and Environmental Services Planning Department Citv of Fort Collins December 20, 1994 CDL Partnership C/o TST, Inc. 748 Whalers Way Fort Collins, CO 80525 RE: Dakota Ridge PUD, Third Filing - Final,.#60-91L Dear Sirs: On December 12, 1994, the Planning and Zoning Board of the City of Fort Collins .aiDoroved the above referenced project with 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 (February 27, 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 of 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 FAX (303) 221-6378 TDD (303) 224-6002 .• 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 approvals however, in the event .that a 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 Boardes decision resolving such dispute. 2. That the updated Overall Drainage Plan for the •Pinecone Overall Development Plan and the revised drainage report and plan for the Third Filing be approved by the City Stormwater Utility and that the developer obtain a necessary off -site grading easement on the future City.park site from the Parks and Recreation Department prior to the development agreement, utility plans, and P.U.D. documents being recorded and building permits being issued. If you have any questions, please call our office at 221-6750. Sin erely, Steve Olt City Planner sO/gjd