HomeMy WebLinkAboutPEDERSEN AUTO PLAZA - PDP/FDP - 26-97 - CORRESPONDENCE - (19)FT.COLLINS CITY ATTY. TEL:9702216327
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Feb 11 98 11:00 No.004 P.03
W. Paul
Page 2
February
Sckman
10, 1990
give paaexeen a license that wanld permit him to develop and use
the property as if the eassment did not exist until such time as
the railroad is abandoned and the rlsht-ot-vay converted to a
bike and pedestrian trail. hone or us know when, it ever, this
sill be. However, z believe that we oat► all be assured it will
be a number of years.
I will be out of town on a family matter for a row days.
Dlaase.fool free to contact Dana Loobwood as we Mould 111ce to
address these issues ae soon me possible.
r
B111
gas
Pot Gerald Pedersen (via FAX)
Dana Loohvood (via PAX
FT.COLLINS CITY ATTY. TEL:9702216327 Feb 11 98 10:59 No.004 P.02
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W, Paul Ewan, Beg.
Deputy City Attorney
City of Pert Collins
P.Q. box Sao
Fort Collins, CO 60522-0560
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AMR PEQBRBEN AUTO PLAZA, PROJECT OXVZWVMffiQT FLU
Dear Paul:
Thank you for meeting with as yesterday to discuss the
pe40r4en Auto Plasa project. I felt it necessary to discuss tha
matter directly with you since I propose, as you will sea later
in this letter, a unique legal concept that you possibly will
cant to explain to the start.
Following our meeting, I Spoke With carry Pedersen and Dana
Lochwood. Referring to the letter I left with you from Steve Olt
to Dana, I will first address the water quality issue raised in
Bootion l.b. While in your office, you and I looked at Section
3.4.3. of the Land Use Code ("LUC") as referred to in Mr, Olt's
letter. The LUC had no definitive definition concerning water
equality but did refer to the storm drainage design criteria and
Construction standards. Dana verified with our engineer that no
standards could be found in this dooument either. while Pedersen
will take all Veasonable safeguards to protect water Quality, we
find no standards other than the good design and engineering we
propose.
We further discussed the comments offered in section A of
stews olt's letter regarding a bike and pedestrian path along the
south boundary of the subject property from Mason street to the
railroad tracks vast or the property, As long as the railroad is
there, we surely do not want to invite bikes or Pedestrians. I
am addrroneing this issue and our proposal to you as earlier
stated because it raises a unique legal concept that Will create
a win -win for both the City and Pedersen.
Mr, Pedersen proposal that we dedicate the 12-foot easement
along the south boundary of the property. The City then would
fEL:9702216327
11
dh
City of Fort Collins
DATE:
City A m"
February 10, 1998
a : .
• •n 11
Byrne, Director of CPFS
Ron Phillips, TSA Director
::Steve Olt City Planner
Sheri Wamhoff, Development Review Engineer
:Bob Smith, Stormwater Utility Manager
Glen Schlueter, Sr Stormwater Engineer Development Review
Basil Harridan, Civil Engineer
Steve Roy, City Attorney
FROM: W. Paul Eckman, Deputy City Attorney A
RE: Pedersen Auto Plaza
VIA FAX TO: 6177
vIA FAX To: 6239
vIA FAX To: 2020
VIA FAX TO: 6373
VIA FAX To: 6239
vIA FAX To: 6239
VIA FAX TO: 6239
Attached please find a letter dated February 10, 1998, from Bill Wyatt, attorney for Pedersen Auto
Plaza, to me regarding a meeting that I had with Bill on February 9, 1998 to discuss the bicycle -
pedestrian path along the south boundary of the property from Mason Street to the railroad tracks and
also to discuss water quality issues.
Regarding the water quality issues, I am hopeful that the Stormwater Utility can discuss the water
quality criteria directly with Dana Lockwood and work that out If problems arise, please let me know.
Regarding the pedestrian -bicycle path, Wyatt believes that the City's requirement might constitute a
taking and I am concerned about whether the City's requirement complies with the legal principles
enunciated in Dolan v_ City of Tigard,
I know that Jerry Pedersen would like to proceed rapidly with the processing of this application but
I believe that we as a staff must meet to discuss the Dolan issues and Pedersen's offer before Dana
Lockwood tries to solicit any commitments from Steve Olt or other staff members. Therefore, I have
asked my secretary, Mary Donaldson, to try to set up a meeting, hopefully yet this week (perhaps
Friday morning) to discuss whether we believe the Pedersen offer is reasonably under the
circumstances.
Incidently, Bill did mention to me that there presently exists a 20-foot drainage easement on the
adjoining "UBC Lumber"property which might be usable for the pedestrian -bicycle access way. At
least that was a suggestion that was presented. Also attached, please find a memo to Dana Lockwood
from Matt Delich dated December 8, 1997, wherein Matt Delich suggests (at the bottom of the page)
that other connections are available and that this one is not necessary.
WPE:med
Attachments (3 pages)
300 LaPorte Avenue • P.O. Box 580 , Fort Collins, CO 8
post -It- Fax Note 7671
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