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Home My WebLink About800, 808 & 814 W. PROSPECT RD. MIXED-USE (OBSERVATORY PARK) - PDP - 41-02A - REPORTS - CORRESPONDENCE-HEARING.SUN-01-2005 WED 03:53 PM FT COLLINS CITY ATTORNEY FAX N0, 9702216327 P. 03 Paul W. Fckman, Esq. City Attorneys Office June 1, 2005 Page 2 Hearing Officer should allow comments from only those members of the public appropriately qualified by the process outlined above. If the City of Fort Collins or the Hearing Officer decide the hearing this evening will be de now,, then Frazier & Company Ventures, LLC will proceed under protest, since it believes its due process will have been denied under such circumstances. Respectfully submitted, MYATT $RANDES & GAST PC By: Ramsey D. y U RDM/cls cc: Frazier & Company Ventures, LLC G/WPCJRDMMtA7JSUFR0SPWTl1.TR MKMAN 3UN-01-2005 WED 03:52 PM FT COLLINS CITY ATTORNEY FAX NO. 9702216327 P. 02 RECEII L) SUN n 12005 RMYATT BRANDES & GAST rl�� ,4 ! `_� NE .� ROBT.BT. D. MYA77 1 W. BRAVOES, ]R. PROFESSIONAL COUCOAAnON RTr11ARA S. GAT ATTORNEYS AND C XmFI.oRS AT 1.AW TO HONE (9�e) 4B2�4846 11%TREY7..10HNSON CLOC'KTOWBRSQUARL' DAMELC.MUITLY FORT C323 O[1.INS,Col DRADOB05242945 FMA,IIMRMYATI'@V1ILE 4RINET.COM fiRLAN R. LBONR ]0SINAB.7,u01SH June 1, 2005 HAND-D I .I.VF.R1& Paul W. Eckman, Esq. City Attorney's Office 300 LaPorte Avenue Fort Collins, CO 80521 RF: Frazier Subdivision Mixed -Use and Condominium Project 800, 808 and 814 W. Prospect Road, P.D.P., 41-02A Dear Mr. Eckman: Our office represents Fraiacr & Company Ventures, LLC, the applicant and owner of the referenced project. As you know, a public hearing was held before a Hearing Officer on May 11, 2005. At the conclusion of the hearing, the Hearing Officer stated that her written findings would be issued within ten (10) days. Subsequently, we were advised that the ,"public" had been denied due process because subsequent to the hearing the City received one or more complaints that the doors to the municipal building were locked when the complainants attempted to gain access to the hearing. The referenced matter has now been scheduled for rehearing this evening. Due process also require -the City consider the impact of its decision for a rehearing upon the applicant Since the format of these hearings does not provide the applicant an opportunity to cross- examine members of the public wishing to make comments, we respectfully request either the City Attorney or the blearing Officer make inquiries at the inception of the hearing to: • identify each member of the public in attendance at the hearing this evening who claims he or she was denied access to the May 11, 2005 hearing; and • inquire of each member of the public identified above as to the time he or she arrived for the May 11, 2005 hearing, what efforts were made by each complainant to gain access to the heating; i.e., who he or she notified of the locked doors, time and mode of notification and any other steps taken to gain access to the hearing (since the applicant believes the doors of the municipal building were open when the hearing began). If due process is the City's goal, then those members of the public who were allowed to make comments at the May 11, 2005 hearing should not be allowed to "TO -load" and introduce new complaints or issues into the hearing process after already having ample opportunity to do so at the earlier hearing. Therefore, we request the scope of the hearing set for this evening be limited to supplement the prior hearing rather than considering this as a he de novo. Accordingly, the 00 Commu. .y Planning and Environmental, _rvices Current Planning MEMORANDUM City of Fort Collins TO: Clarie Levy, Administrative Hearing Officer FROM: Ted Shepard, Chief Planner DATE: May 31, 2005 RE: Frazier Subdivision, 800, 808, 814 West Prospect Road — Proposed Condition of Approval The P.D.P. is required to provide a bicycle and pedestrian route north to Lake Street and the C.S.U. campus in order to comply with the Level of Service requirement as stated in the City of Fort Collins Multi -modal Transportation Level of Service Manual as required in Section 3.6.4 of the Land Use Code. The applicant has indicated that a Letter of Intent or Easement or Right -of -Way through the property known as Hi Lan Apartments has not been obtained. The Staff Report to the Hearing Officer states: "Alternative modes are provided by the following: • Access to Lake Street via the HiLan Apartments shared emergency access drive will allow pedestrians and bicyclists to gain access to Lake Street to the north. Lake Street is the southern border of the C.S.U. main campus." As it turns out, this statement is premature. In order to keep the project valid and moving forward, and to provide sufficient motivation to keep pursuing such an access, Staff recommends that the Project Development Plan include a Condition of Approval. Therefore, Staff recommends the following condition of approval: At the time of submittal for Final Compliance, the applicant shall have secured the necessary easements or rights -of -way in order to provide the pedestrian and bicycle facilities necessary to maintain the adopted Level of Service standards contained in Part II of the City of Fort Collins Multi -modal Transportation Level of Service Manual and to comply with the requirements of Section 3.6.4(B) of the Land Use Code. 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750, • FAX (970) 416-2020 1808 Wallenberg Drive Fort Collins; CO 80526 May 20, 2005 Re: Frazier Subdivision - 800, 808, 814 West Prospect Road Mr. Ted Shepard Chief Planner City of Fort Collins 281 North College Ave PO Box 580 Fort Collins, CO 80522 RECEIVED MAY 1") 2�►1a5 CURRENT PLANNING Dear Mr. Shepard: Regarding the proposed Frazier Subdivision. In the past suggested developments of this property did not include enough parking commensurate with the number of adults expected to reside here. This would be our chief comment, that the proposed subdivision would include one parking unit per expected adult resident, in this case, more than 100 parking units because of the multiple bedrooms per each housing unit. In the neighborhood bounded by Whitcomb, Shields, Prospect, and Spring Creek, parked cars fill every available curb space in the first two streets, Whitcomb, and Prospect Ln. when CSU is in session. If the proposed subdivision does not have adequate parking, the new residents will be searching along those same streets and enlarged area for parking. This can only have more adverse effects on our neighborhood already besieged by multi -resident rentals and corner - to -corner parking during school term. Because of the large number of rentals available near CSU and even in the outlying areas, perhaps this is not the best time to begin construction of yet more housing units. , Sincerely, Patricia M. Tillery Eli S<< /t eT 4......, t 1 C, �..�- '. Slml� -. L !yt/ p-fiery-f y9�^^i �'r�--7/YWISi�/S�SJ.Y i" 'Am -2 7