HomeMy WebLinkAboutFRONT RANGE BAPTIST CHURCH & ACADEMY - FDP - 2-05B - CORRESPONDENCE - LEGAL COMMUNICATION (5)S nce y,
Paul Eckman
Deputy City Attorney
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enclosures
cc: Dan DeLaughter, Civil Engineer
Ted Shepard, Chief Planner
Sheri Wamhoff, Development Review Manager
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City of Fort Collins
June 22, 2006
Douglas D. Konkel, Esq.
1405 S. College Avenue, Suite 1
Fort Collins, CO 80524
Re: Front Range Baptist Church
Dear Doug:
In response to your letter of June 16, 2006, you will find enclosed a copy of the draft Development
Agreement which the City is willing to accept.
We do not agree with Mr. Coppola's method of calculating primary and secondary uses. Our Code
provides that "the following permitted uses shall be considered secondary uses in this zone district
and together shall occupy no more than twenty-five (25) percent of the total gross area of the
development plan." We have no provision in our Land Use Code that allows for a reference to
"person/hours per year". The numbers that we used in calculating the secondary and primary uses
were those that were given to us by the church itself as I explained in my June 14, 2006, letter. The
calculations were contained in the attachment to that letter. Those calculations were all based upon
information obtained from the church.
You indicate that the church cannot indemnify the City against its own liability. Where, precisely,
is the City asking the church to indemnify the City against City liability?
You make reference to a "Indemnity Agreement". I do not have a copy of any Indemnity Agreement
but, if you are referring to the Development Agreement, please let me know. Attached you will find
the information that you requested regarding the Colorado Department of Highways abandonment
of Harmony Road. That item was presented to the City Council and the Council information is
provided for your reference. In response to your question as to whether the existing access violates
the current access control plan, it does not. You will also see attached a copy of the
"implementation" section from the access control plan. Even though the existing access does not
violate the plan, as you can see, the plan represents long range improvements that will be
implemented over time as traffic and safety needs arise. Accordingly, the long range plan shows that
this access will be closed. Since the access still functions safely at the present time, it is not
necessary that it be closed now but if it presents a traffic hazard or safety issue in the future, then,
under the police power of the City, I believe that it can be closed as long as reasonable access is still
provided to the site.
300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6520 • FAX (970) 221-6327