HomeMy WebLinkAboutMULBERRY LEMAY CROSSINGS, LOT ONE, FILING ONE - FINAL PUD - 36-96D - MEDIA -— "Although 1he record of
the Jan. 20 hearing con-
tains references to `the ap-
proved preliminary PUD,'
the board erred in taking fi-
nal approval action where
the board was well aware
that preliminary approval
had been denied," the ap-
peal states.
"Nowhere in the (city's)
code or charter are there
provisions authorizing the
electorate to act as decision -
maker for purposes of de-
velopment applications,"
the appeal states.
The appeal also questions
the accuracy of the city's
traffic impact studies per-
formed for the project.
"The traffic impact analy-
sis presented by staff at the
Jan. 20 hearing was sub-
stantially false or grossly
See WAL-MART, Page Atµ
Wal-Mart
Continued from Page Al
misleading regarding the project-
ed traffic counts and attendant
negative impact on the safety
and efficiency of the area trans-
portation system," the appeal
states.
More specifically, Carnes said
the shopping center's planned
Wal-Mart Supercenter will make
the Mulberry/Lemay intersection
a problem.
I "The whole reason we are even
c nsidering an alternative to the
tiraditional intersection is that if
this project happens it will dou-
kle traffic," Carnes said, in refer-
ence to the city's proposed round-
about for the intersection.
"If we didn't do the project, we
probably wouldn't need the If the council denies the
roundabout," he said. group's appeal, Carnes said his
7 Carnes said he frequently gets group will take the matter to
ctomments that the citizens group court.
its "beating a dead horse" over the Calls placed to Mark Goldberg,
Woject, but that he is not swayed. developer of Mulberry-Lemay
"In some sense that might be . Crossings, seeking comment
true, but what we want to do is were not returned Thursday af-
avoid turning the integritypf city--O*rnoon.
processes into dead horses," he..'' %
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Ca"_...
Citizens
appeal ..
Wa1-Mart
project's
approval
By DAVID RUISARD Cmt_a�
The Coloradoan
Wal-Mart is back in Cit ,
Council's court.
The Citizens Against Re-;
gional Supercenters filed an'
appeal of the Planning and
Zoning Board's approval of
the Mulberry-Lemay Cross
ings project Thursday.
"It's not really news, is it,"!
Gary Carnes, spokesman
for the citizens group, said
of the anticipated appeal of;
the panel's decision.
City Clerk Wanda Kra-
jicek said the appeal is'
scheduled to be heard by
council March 28.
The project's preliminary
plans were first denied by
the planning board in 1998.
The board's decision was
later upheld by the council.
Then a citizen -initiated bal-
lot item overruled both deci-
sions and directed thg
board to hear the projeces
final development plans.
The appeal, drafted by
Boulder law firm Martin
and Mehaffy, states the bal-
lot item granting prelimi-
nary design approval to the
375,000-square-foot project
on the northeast comer of
Lemay Avenue and Mulber-
ry Street cannot legally
substitute for a planning
board preliminary ap-
proval.