HomeMy WebLinkAboutSPRING CREEK RANCH - PDP - 14-05 - CORRESPONDENCE - REZONING RELATED DOCUMENTPlease be aware that the Current Planning Department does not produce the
mailing list. Rather, we provide a map of the notification area only. Producing
the mailing labels of all property owners of record within the geographically
described area is the responsibility of the applicant. The applicant is required to
pay $.50 cents per name for postage and handling. In this case, the applicant
was Mr. Steve Pfeister, Realtec Commercial Real Estate Services, 255 East
Monroe Street, Fort Collins, CO. 80525.
It is indeed regrettable that you did not receive written notice of the rezoning
action of September and October of 2002. For this I apologize: I honestly do not
know how it happened.
Your letter asks what the City intends to do about this omission. Please note that
the mailed notice to property owners is a requirement of the Planning and Zoning
Board hearing only, not the two City Council meetings. Also please note that in
the case of a rezoning, the Planning and Zoning Board does not have final
authority. The Board has only the power to make a recommendation to City
Council. Since rezoning is considered a legislative action, Council retains final
authority and cannot delegate this power to the Planning and Zoning Board.
I have checked with the City Attorneys office and have been advised that,
unfortunately, there is nothing we can do at this point in time. The City Attorneys
Office has asked me to point out a section in our Land Use Code, under Section
2.2.6(A) titled "Mailed Notice." This section goes into detail on the mailing
procedures but contains a caveat that states:
"Failure to mail such notice shall not affect the validity of any hearing,
meeting or determination by the decision maker."
This letter is not meant to be an excuse. You should have been on the mailing
list for both the neighborhood meeting and the Planning and Zoning Board
hearing. Again, please accept my apology.
Regarding the other points in your letter, I would like to suggest that we meet in
person to discuss your concerns. Perhaps this meeting would best be held at
your residence so I can walk your property and become more familiar with your
buffering requirements. Please do not hesitate to call me at 221-6750 to arrange
a time to meet at your convenience.
Sincerely:
Ted Shepard
Chief Planner
Comn, ity Planning and Environments ervices
Current Planning
City of Fort Collins
April 22, 2005
Mr. and Mrs. -Gregory D. and Barbara L. Heffington
1821 West Drake Road
Fort Collins, CO 80526
Dear Mr. and Mrs. Heffington:
Thank for your letter dated April 11., 2005 and received, by the Current Planning,
Department on April 18, 2005.
In your letter, you expressed concern that there was a lack of notice regarding
the Taft Hill/Hull Rezoning and Structure Plan Amendment, Current Planning
Case File 31-02. This project resulted in the Aanes and Yaerger properties being
rezoned from Low Density Mixed -Use Neighborhood to Medium Density Mixed -
Use Neighborhood. These properties total 15.3 acres and are located at the
northeast corner South Taft Hill Road and Hull Street.
On August 2, 2002, the Current Planning Department mailed out a notification
letter advertising a neighborhood information meeting'for August 19, 2002 which
was held at Blevins Junior High School. On September 4, 2002, the Current
Planning Department mailed out a notification letter advertising a public hearing
with the Planning and Zoning Board which was held on Thursday, September 19,
2002. 1 have reviewed the mailing list for both these notifications and your
address does not appear on either list.
Our file contains an Affidavit Of Publication indicating that a legal notice was
posted in the Fort Collins Coloradoan on September 15, 2002 advertising a
public hearing for First Reading of the Taft Hill/Hull Rezoning Ordinance with City
Council which was held on October"1, 2002. We also have an Affidavit'Of
Publication indicating that a legal notice was posted in the same newspaper on
October 6, 2002 advertising a public hearing for Second Reading of the same
Ordinance with City Council which was held on October 15, 2002.
Thus it appears that notice was provided in accordance with the City of Fort
Collins Land Use Code for both the Planning and Zoning Board and the two City
Council hearings. Having said that, however, I have no explanation as to why
your address does not appear on the mailing list. The project planner assigned
to the Taft Hill/Hull Rezoning is no longer employed with the City of Fort Collins.
281 North College Avenue • P.O. Box 580 9 Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020