HomeMy WebLinkAboutAMENDMENT TO CHAPTER 29 OF THE CITY CODE - 54 91 - DECISION - MINUTES/NOTESP & Z MINUTES
December 16, 1991
AMENDMENT TO CHAPTER 29 OF THE CFFY CODE - #54-91
Deputy City Attorney Paul Eckman stated that this ordinance was to cover the problem which
exists when a planned unit development is approved on the property and yet someone might
decide at a later time to develop the property under the uses by right that exist in whatever zone
the property might be in.
A recent Colorado Supreme Court decision confirmed the right to develop a use by right.
If the developer had obtained approval for a planned unit development and instead decided the
property was to remain undeveloped, the developer would be prevented from expansion on the
property; such as an outbuilding of some sort.
The change to the amendment was in paragraph (a) which changed the wording from ....pursuant
to any other uses which are otherwise authorized as permitted uses ....except upon the
occurrence of one of the following events, to ....as a use specifically permitted by right
....except for the purpose of continuing or expanding any legal use which existed upon the
property at the time of the approval of the planned unit development plan.
Member Walker moved to recommend approval of the Amendment to Chapter 29 of the
City Code.
Member O'Dell seconded the motion.
The motion to approve carried 7-0.
TACO BELL RESTAURANT PUD - PRELIMINARY
Ted Shepard gave a description of the proposed project. Staff recommended approval with two
conditions that relate to the hours of operation of the restaurant and the treatment of the right
turn lane on Prospect Road should the capital project not be constructed.
Al Hauser, Architectural One P.C., briefly discussed the design features of the project. The
project initially began in November of 1990 when it was brought to conceptual review with a
proposal to demolish or move the Wickersham residence and construct a new Taco Bell. That
proposal met with resistance from the staff in terms of demolishing the house and it was
recommended that the residence be remodeled.
2