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HomeMy WebLinkAboutEAST RIDGE - FDP - 33-98F - SUBMITTAL DOCUMENTS - ROUND 2 - APPLICANT COMMUNICATIONMr. Steve Dush January 12, 2009 Page 4 If you should have questions with regard to this matter, please do not hesitate to call me. I appreciate your consideration of our request. Thank you. Sincerely, Is/Jim Martell James A. Martell JAM:bkr cc: Ms. Darlene Schuster Mr. Jeff Strauss Mr. Matt Blakely Mr. Steve Dush January 12, 2009 Page 3 • Delay resulting from development of plans to provide non -potable water service to the park designated by the City. • Delay by the City in finalizing its determination of the Timberline Road right-of-way. • Delay by East Larimer County Water District in determining the final alignment and configuration of its 16-inch water line. • Various issues, including pedestrian and drainage issues involving adjacent properties. • Delay by the City in finalizing its determination of the curb and gutter needs in the first phase of East Ridge to meet the City's connectivity requirements. • Delay caused by the coordination and independent review of emergency access to the East Ridge Property for both the interim and ultimate buildout. • Delay resulting from the necessity to resolve issues arising out of recorded agreements/easements during the plan review phase instead of during the development agreement review phase. The consultants for East Ridge have made two submittals of the final plans and are currently prepared to re -submit for a third round of review. The first final submittal was made on March 5, 2007, and the second final submittal on May 6, 2008. East Ridge Consultants have been making diligent and concerted efforts to keep the project moving toward final approval in as timely a manner as possible. Based on the foregoing, East Ridge respectfully requests that you grant the extension of six month provided for in Section 2.2.11(C) of the Land Use Code and if, notwithstanding continuing good faith efforts on the part of East Ridge to obtain final approval, a final plan is not approved within the six month period, East Ridge be granted further extensions as necessary. Mr. Steve Dush January 12, 2009 Page 2 • Delay by the City in making a final decision on the alignment and configuration of the future potential overpass on Timberline Road necessitating multiple redesigns after review by the City Staff. • Delay by the City in making a final decision on the lane configuration / alignment and layout of Timberline Road. The most recent change in the configuration occurred during the current round of comments, notwithstanding that the transportation department had previously approved the alignment and configuration proposed by East Ridge and its engineers, TST, after three meetings with representatives of the Transportation Department. • Delay by City Departments in reaching agreement on the designation of wetlands areas and mitigation. Representatives of the Natural Resources, Parks and Stormwater Departments have expressed varying preferences with regard to designation of the wetlands areas and possible mitigation. • Delay by City Departments in reaching agreement on stormwater detention facilities and park areas. Representatives of the Parks, Engineering and Stormwater Departments have expressed varying preferences with regard to the most appropriate configuration of the park and stormwater detention areas. • Delay resulting from approval of the new City of Fort Collins Stormwater Master Drainage Plan during the most recent round of review and comments on the East Ridge final plan, which affects stormwater flow, alignment of conveyance pipes, discharge points and easements. • Delay by the City in finalizing the direction and flow of the 100 year flood from property north of the East Ridge Property. • Delay by Boxelder Sanitation District in finalizing its plan for the location and size of a sanitary sewer line to serve the entire basin, including the East Ridge Property as a result of the inability of the owners of surrounding properties to finalize plans for their properties. • Delay caused by revision of the Timberline Road Pedestrian Sidewalk Connectivity by the City Staff after having approved the Pedestrian Connectivity proposed for the Timberline Project. - LILEY, ROGERS & MARTELL, LLC - ATTORNEYS AT LAW January 12, 2009 VIA E-MAIL Mr. Steve Dush Current Planning Director City of Fort Collins 281 N. College Avenue Fort Collins, CO 80521 Re: East Ridge gubdivision Dear Steve: I represent East Ridge of Fort Collins, LLC, a Colorado limited liability company ("East Ridge"). East Ridge is the owner of a parcel of property consisting of ` approximately 153 acres located at the southeast corner of the intersection of Vine Drive and Timberline Road ("the East Ridge Property"). A Project Development Plan for the East Ridge Property was approved on January 12, 2006 ("the East Ridge PDP"). Section 2.2.11(C) of the Land Use Code provides in part as follows: Within a maximum of three years following approval of a project development plan, the applicant must proceed by obtaining the Director's approval of a final plan for all or part of the project development plan.... The Director may grant one extension of the foregoing three-year requirement, which extension may not exceed six (6) months in length.... East Ridge and its consultants have acted in good faith and used all reasonable efforts to obtain approval of a final plan within the three year period described in the Land Use Code. There are significant issues that have arisen affecting the East -Ridge Property since approval of the East Ridge PDP. Many of the issues and resulting delay`s may be directly attributable to either City Staff comments or other service providers. In either case, the delays have been beyond the control of East Ridge. The following is a summary of some, but not all, of the issues that East Ridge and its consultants believe have been beyond East Ridge's control: LUCIA A. LILEY ■ JAMES A. MARTELL ■ TODD W. ROGERS ■ JOSHUA C. LILEY THE PETER ANDERSON HOUSE ■ 300 SOUTH HOWES STREET ■ FORT COLLINS, COLORADO 80521 TELEPHONE (970) 221-4455 0 FAX: (970) 221-4242