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Home My WebLink AboutAIRPARK VILLAGE - ODP - 16-05A - CORRESPONDENCE - LEGAL NOTICE (3)Planning, Development and Transportation Services Planning and Zoning Jennifer Kroell Schlueter, Mahoney & Ross, P.C. 999 18"' Street, Suite 2200 Denver, CO 80202 Re: Fort Collins Downtown Airport Dear Ms. Kroell: I have reviewed your March 31, 2008 letter regarding the abandonment of the Fort Collins Downtown Airport, which letter also included the "Notice of Landing Area Proposal' and the November 27, 2007 affidavit from Craig Sparks containing his statement that the FAA considers the airport to be closed. After consulting with Deputy City Attorney Paul Eckman about this new evidence, I have determined that in the absence of any additional information from Doug Konkel regarding the abandonment or non -abandonment of the airstrip, the information you have provided is substantial evidence to support my earlier conclusion that the legal, nonconforming status of the airport has-been forfeited. Please understand that this letter serves only as the City's determination about the abandonment of the airstrip with regards to the legal status of the nonconforming airport use based on the regulations contained in Section 1.5 of the City of Fort Collins Land Use Code. The City of Fort Collins is not a party to private easements and access right agreements that may exist between the parties involved in a Larimer County District Court civil action. I am providing a copy of this letter and the above -mentioned documents to Douglas Konkel. Please contact me if you have any questions about this matter. Sincerely, Peter Bames Zoning Administrator Enclosures: Sparks affidavit, "Notice of Landing Area Proposal', Kroell letter of 3-31-08. Cc: Douglas Konkel Paul Eckman 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 i 7 Sep 27 07 09:09a p.2 09/05/2006 14:47 9794559900 FCDTAIRFT PAGE 97 J�z9 _ Fantfa p wad omsW2(2a-Oos6 us oa fit* r,aa NOTICE OF LANDING AREA PROPOSAL faaeal A4h9an Hdmkdaaa3>a N of Pmponeft� w-�ow. or" Rddrees of P opwent hdfvfdua! . a 0r zadort M...t�Sfroat. f!�JY..,-Wei•. IW 9 � mate and a an H arm vems.tK flan afmve, H Pro is name Yet p vperty owrtrfa name and address an B e ovetse.� 0c*) ao4 iy{'^.'r Pdc / �../ SANrport ra$an ❑ o<9atrs UponUtraM1btFllgJitpddC LjUe art so2m rasa ❑ tar(SoaclM Q• rr� ..� P&Vb 4�1�u;��"a�'ngj�a uf.Knw ar Fuffaam-N oesm1bo gi8nga •IJLi , — "� ❑ COn�1l1C1�1 GBies E$9GBeMrteater Te Qr9filBe8m Eat. Camptedm - y ! ! Q+�9e b S!5. Prhmta (L0 of -M: /D/z 900 G7 (DeeMhe tatafntuamrs• � AY N9A2M 10,�M C,Offwtan&lng.tnete Diradmt t7fsfsme Fam Aftraoc=fbaes owi)a R.W fty= R"m tnp 't !! •... Seedane mmmn Of Lt �r (s) caSeabra (e) r . �M z tmnams Ohnelcima of Fret Apprsach antl Tadte off Woa (FAT O) hi Feet 06T, esptp ofTaadmbwa and MONArEW M.&*) it Feet Lftw cefmarosi g onat maims Ohayh» t7dh+cm fto�des � Frxa Rem Type of9cfew I Type M tra df�g COMMU (nuf. �6G A%VbA. �1 Gons(Qarweas [Woeasa tl0tzta Fran Frmn (dwW atkin urea � va, //lam;,- Ross _.�rslrcn:irtct.+ a fused aYaaft somaad, kZ126 H ��'F7 eraom to kmad R ftffa(e S i6e2J Fyn —Q Net" .� U0'elg (Vostbb t:afs I STgn M'kdw W7 Reno STATE OF—".-57LD✓ ) ss. COUNTY OF • .. ) I, Craig Sparks, being of lawful age and first duly sworn, do depose and state as follows: 1. I am competent to testify to the matter stated herein. 2. I hold the position of A,&!1, Q2,haU&-P- AUD for the Federal Aviation Administration ("FAA"). 3. I have reviewed the FAA file on the Fort Collins Downtown Airpark, Location ID 3V5. 4. The FAA received FAA Form 7480-1 submitted for the closure of the Fort Collins Downtown Airpark, Location ID 3V5. 5. The FAA had no objection to said closure. 6. Airport 3V5 no longer appears in the FAA database. 7. Airports not appearing in the FAA database are considered closed by the FAA. Dated this ,27 day of 1V16WM&e-- 2007. &9 A ak,,j Craij Sparks The foregoing affidavit was acknowledged before me on this *.7 day of 2007 by Craig Sparks. Witness my hand and official seal. 0,Sa�VV411,fit 1,4 qr i4 o�oTA �°.�, y Notary Public a My commission expires: 2S'L s� / 2 DISTRICT COURT, LARIMER COUNTY STATE OF COLORADO Court Address. 201 LaPorte Avenue, Suite 100 Ft. Collins, CO 80521-2761 T — (970) 498-6100 Plaintiffs: John C. Pemicka, Century Helicopters, Inc., John D. Cleaver, Raymond Middleton, GFC Investments, Walter J. Frick Trust, and CD Fasteners, Inc.; Additional Plaintiffs: Jacqueline J. Middleton, BDE, LLC, Carl Addis & Elsie Addis Loving Trust V. Defendants: Community Airpark Association, Inc., Airpark Village, LLC Counterclaimant: Airpark Village, LLC V. Counterdefendants: 208 Racquette Drive, LLC, Alberts Water & Wastewater Service, Inc., Gracie L. Askeland & Luke J.H. Askeland Trust, Frederick S. Schaulin, Aspen Holding, Inc., Richard C. Dillon, Carol M. Dillon, JZL Corporation, Triple H Management, LLP, LabelTec Properties, LLC, Bemth, LLC, Orlich Enterprises, LLC, DM Enterprises, LLC, RLae Enterprises, LLC; and Raymond Enterprises, LLC Attorney for Defendant/Counterclaimant: COURT USE ONLY Airpark Village, LLC Michael A. Schlueter, No. 16187 Case No.: 06CV958 Schlueter, Mahoney & Ross, P.C_ 999 18' Street, Suite 2200 Courtroom: 4C Denver, CO 80202 Phone No. (303) 292-4525 Fax No. (303) 292-1229 E-mail: mikena,smrlaw.net AFFIDAVIT OF CRAIG SPARKS Michael A. Schlueter Janet Lee Ross - Of Counsel W. Daniel Mahoney Ted Sheppard City Planning Dept. Ft Collins, Co 80524 Dear Mr. Sheppard: Maw SCHLUETER, MAHONEY & ROSS, P.C. Attorneys At Law 999 18"' Street, Suite 2200 Denver, Colorado 80202 April 9, 2008 Telephone 303.292.4526 Facsimile 303.292.1229 ID p' fat �TEce I ge I am writing in regards to the upcoming proceedings regarding the Overall Development Plan for the land formerly known as the Fort Collins Downtown Airpark., This office represents Airpark Village, LLC in a lawsuit that is pending in the Larimer District Court, Case No. 06CV958. In short, this lawsuit was filed against Airpark Village by some of the property owners along the southern boundary of the former Fort Collins Downtown Airpark who allege that they possess easement rights to use the former airport land (notwithstanding the closure of the airport). It appears that their intent is to prevent or delay the development of this land, despite the fact that, with one exception, all of the users of the former airport have relocated their airplanes and related aviation equipment. Although the matter is still in litigation, the Court has stated that if it is shown that take -offs and landings are prohibited, the owners would have no rights to use this land. It is our position that Airpark Village can conclusively show that take -offs and landing are prohibited. In support of our position attached please find the affidavit of Craig Sparks, Manager of the Denver Airport District Office of the Federal Aviation Administration ("FAA"), establishing that the FAA considers the Fort Collins Downtown Airport closed. Also attached is a copy of the "Notice of Landing Area Proposal" which is the notice sent to the FAA regarding the airport's closure, and reflects the date of closure of the airport. Lastly, attached is a letter from Peter Barnes stating the City's written opinion on the issue. We request in light of the above information, any consideration of the Overall Development Plan exclude any legal arguments. These arguments are already before a Court for resolution; an action we anticipate will be resolved in our favor. Please feel free to call me with any questions or comments. Very Truly Yours, ��L �0. WAAt.� Jennifer A_ Kroell, Esq. Eric,: As stated