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HomeMy WebLinkAboutHARMONY RIDGE, 2ND FILING - PDP - 49-95F - CORRESPONDENCE - (7)Steve Olt - Fromme Prairie Wa Page 1 _ .._. _.. _ _. _ Y _ . _ _ __. _ _ . _ — From: Jim Newcomb <jnewc@verinet.com> To: <mvirata@fcgov.com>, <solt@fcgov.com> Date: 2/28/04 12:12PM Subject: Fromme Prairie Way I had an interesting and challenging visit with David Pietenpol. He or his entity involved still owns the third property to be developed on the SW corner of Seneca and Harmony Road. It is approved, he said, with the requirement of multi use. He intends to construct (soon) another office building similar but a little smaller than what is there on the NW corner of the property with a second story of condo's that have access from the back side of the lot which would be accessed from FPW rather than from the current parking lot. He provided to me the 1998 (1996 was expired) agreement between his entity and McGavey, et al (original developers of HR) which addressed several issues around a small property purchase (by McGarvey for HR access), road financing and turn lanes, requesting the small piece of old HR East of Seneca to be vacated and more. In addition he copied his Development Agreement with the city which has some reference to Phase Two development. Pietenpol indicated the part that applies to us goes like this: * Phase II to request an emergency access only to FPW * After approval the city intends (has announced) to vacate their ROW * Peienpol's group (PG) will grant easement to the city for trail head access and us for emergency use * This will maintain higher values for his condos * The neighbors to the North are expecting a private road as well As I review the two documents I (as a layman) and from earlier discussions, think I see the following: * City is not obligated to vacate FPW - might be good to have city attorney check this * PG is trying to give me the obligation to request to build and not use. a public street * There are several development requirements which have changed since the agreements were signed * There are benefits to PG if the road remains public * city required maintenance * city will allow commercial only in his development (no condo's required) * city street reimbursements available (is this for 1 /2 of his section of Seneca?) * My goal would be to arrive at enough benefits for PG to change their mind As part of our staff meeting this next week (3/1) let's discuss these issues as they apply to PG and Phase Two. I will ask Kent and Mark to set a meeting. TKS JIM CC: <dkarst@ncfspecialists.com>, <jims@jimselldesign.com>, <kentb@jimselldesign.com>