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HomeMy WebLinkAboutMULBERRY LEMAY CROSSINGS, LOT ONE, FILING ONE - FINAL PUD - 36-96D - MEDIA - (26)Crossings Continued from Page Al last April in a citywide election. "I suspect we will appeal and take them to court," Janett said. Planning Board member Sally Craig cast the lone vote against the project. She cited "last-minute develop- ments" for voting against the first phase of the 42.98-acre regional shopping center on the northeast corner of the Mulberry Street/ Umay Avenue intersection. Craig would not elaborate. Assistant City Attorney Paul Eckman doubts the lawsuit will place the Planning Board's members in legal jeopardy for going through with then' final review of the project. "I'm not worried about their li- ability because board members have governmental immunity," Eckman said. Board member Jennifer Car- penter removed herself from the review process because her em- ployer, The Group Inc., has an in- terest in the project. The City Council chambers bulged with more than 100 peo- ple for the development review. Twenty-seven audience members stood before the board to argue in favor or against the project. Those in favor said northeast Fort Collins desperately needs the jobs and shopping opportuni- ties the projeces 194,456-square- foot Wal-Mart Supercenter will provide. "(Wal-Mart) is going to improve the quality of our lives," said Cathy Velasquez, who lives in the nearby Buckingham Neighborhood. Those against the project aired concerns regarding .increased traffic, unintended` consequences for the Poudre River floodplain and more. But when all the citizen input was received and rebuttals against op sing viewpoints were statede board supported the city" sta$'s recommendation to approve the project. Planning board member Jerry Gavaldon made the motion to ap- prove the project. "I really think we have all the information that we need," Gavaldon said, thanking the resi- dents for their input. If the 20.73-acre Wal-Mart project passes through the ap- peals process, it will provide $4.4 million in road and pedestrian path upgrades to the area. "We've tried very hard throughout (the process) to do the right thing under all of the cir- cumstances," said an obviously pleased Goldberg. Several board members were displeased that they were given a legal threat minutes before the meeting began. "It just seems unseemly," board member Daniel Bernth said. "We are volunteers on this board." His thoughts were echoed. "I do not appreciate receiving threatening letters," board mem- ber Judy Meyer said. "Phis is not the way you do businwrs with people." After the approval, Janett ex- pressed regret that her group's law firm had threatened to sue the Planning Board members. She said the contents of the letter were out of CARS' control. crossings gets P&Z approval Controversial local shopping center might await appeal By DAVID RUISARD The Coloradoan The Fort Collins Planning and Zoning Board approved the final development plans for the Mulberry-Lemay Crossings project with a 5-1 vote Thursday night. 'This project is going to be the best -looking 200,000- square-foot Wal-Mart around," board Chairman Glen Colton said. The project's developer, however, is holding off on performing a groundbreak- ing ceremony. "Mere's an appeal process, so well see how that goes," de- veloper Mark Goldberg said. "We hope to break ground in the spring." The Mulberry-Lemay Crossings preliminary de- velopment plans were de- nied by the planning board in 1998. Goldberg appealed the denial to the City Coun- cil. He lost his appeal. The Denver -based developer then helped mount a citi- zen -initiated ballot measure that overruled the denials. Last April, voters decided at the polls that the prelimi- nary plans should have been approved and pushed the project toward a final planning board review. l Gina Janett, a member oY the Citizens Against Region al Shopping centers, said hen group most likely will ap, peal the planning board' approval to the City Council! Just minutes before the meeting began, the board was given a letter from CARS Boulder law firm — Martin and Mehaffy — threatening the appointed representa- tives with a lawsuit if they went forward with their plans to hold a hearing on Goldberg's development.) CARS contends the voters had no right to approve the; project's preliminary plans See CROSSINGS, Page A2