HomeMy WebLinkAboutPINECONE PUD THE TOWER SHOPS FINAL - 60 91M - CORRESPONDENCE - PROJECT EXTENSIONN
Community Planning and Environmental Services ('60- T
Current Planning
City of Fort Collins
December 23, 1997
Libby Glass
W.W. Reynolds Companies
1600 Specht Point Drive
Suite C
Fort Collins, CO 80525
Dear Libby:
This is in response to your December 11, 1997 letter requesting an extension for the
Tower Shoppes at Pinecone, Final PUD.
Ordinance 161, 1996, which is known as the "transition ordinance" became effective
January 18, 1997. This ordinance established how the City would treat both new PUD
submittals as well as previously approved projects under the Land Development
Guidance System until the Land Use Code became effective. Section 5 of that
ordinance states:
That all "site -specific development plans," as defined in Section 29-512 of the
City Code, that receive approval by the City prior to or after the effective date of
the New -Land Use Code shall remain in effect for a period of three (3) years
from the effective date of the City approval of the same, subject to the provisions
of Section 29-514 of the City Code.
The Tower Shoppes at Pinecone, Final PUD, which was approved by the Planning and
Zoning Board on June 5, 1995, is a site -specific development plan subject to the
Therefore, its approval will remain valid until June 5, 1998
provisions of this Ordinance.
at which time it must be "substantially complete," which means that all engineering
improvements must be installed and completed in accordance with City rules
site-specific
s ecific
regulations. Nowhere in Ordinance
development plans allowed. Therefore, lyou 9 request for an extens 6 are extensions to approveon cannot be
considered.
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020
If you feel that this project should be exempt from the provisions of Ordinance 161,
1996, both the Ordinance (in Exhibit "A") and the Land Use Code (Division 2.12)
establish a vested rights determination procedure. This procedure provides a process
for a hearing officer to determine the existence of:
Some authorized act of the City;
Reasonable good faith reliance upon such act by the applicant; and,
• Such a substantial change in position or expenditure by the applicant that
it would be highly inequitable and unjust to destroy the rights acquired.
Should you have any questions regarding this determination or the vested rights
procedure, please contact me.
Sincerely,
Robert E. Blanchard
Current Planning Director
cc: Paul Eckman, Deputy City Attorney
Ted Shepard, Senior City Planner
Project File