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HomeMy WebLinkAboutHEARTHFIRE PUD, 2ND FILING - FINAL ..... ROUND OF REVIEW 7 - 31-95E - LEGAL DOCS - LEGAL COMMUNICATIONAPR-13-2001 FRI 04:27 PM CITY ATTORNEYS OFFICE FAX NO, 19702216327 P. 01/01 City Attorney City of Fort t..:oli ns April 13, 2001 Lucia A. l.,iley, Esquire MARCH & LlLrY 110 Last Oak, Second Floor P.O. Box 469 tort Collins, CO 30522-0469 RE: I•learthfire P.U.U. Dear Lucia: VIA rAX QNLY To: 482-5719 I rcccived your letter of April 12, 2001, and have discussed the matter with Doug Moore. Doug tolls me that there arc a couple of off site casements to serve the development that your client is required to obtain. One is for a trail and the other is for storm drainage. He said lie had not been naade aware yet of the precise location intended by your client for the trail or the storm drainage facility but that he would need to see where those casements are intended to be located to determine whether they affected the rare species Showy Prairie Gentian - Euslome,t;raruliorum. Ifthe stonn drainage facilitics and the trail do not affect the Showy Prairie Gentian, then it would seem that there would not be a problem. Hopefully, that will turn out to be the case. Sincer , W . aul - ckman J� Deputy City Attorney WPE:med PC: lloug; Moore, Environmental Planner via fax Steve Olt, Ciay Planner via fax 300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80527.-0580 • (970) 221-6520 • FAX (970) 221-6327 Paul Eckman, Esq. June 4, 2001 Page 2 We trust that this response satisfies Doug Moore's concerns and that the Natural Resources Department request for delineation and mapping of the plant be deleted from the requirements. Thank you. Sincerely, MARCH & LILEY. P.C. LAL/jpk mac: Doug Moore, Natural Resources Steve Olt, Project Planner Tom Dugan, PineCrest Planning and Design Tom Kennedy, Hearthfire, Inc. .1 ARTHUR 6 MARCN, JR. LUCIA A. ULEY J. BRADFORD MARCH Paul Ec man, Esq. Assista t City Attorney City of ort Collins P. O. ox 580 Fort llins, CO 80522-0580 MARCH & LILEY, P.C. ATTORNEYS AND COUNSELORS AT LAW 110 E. OAK STREET pRTHUR E MARCH FORT COLLINS, COLORADO 80624.2880 (970)482.4= 1908.1981 Fax (970)482.6719 June 4, 2001 VIA FAX TO: 221-6327 RE: Hearthfire PUD, Second Filing - Final, File #31-95E Dear Paul: In response to your April 13' letter, we have reviewed the location of the off -site trail and storm drainage improvements with Tom Dugan, PineCrest Planning and Design, the planner for the Hearthfire PUD, Second Filing. The trail that Doug Moore is concerned about is off -site from the Second Filing, but is already constructed totally within the boundaries of an open space tract in the approved First Filing. The trail does not enter or cross The Water Supply and Storage Company property where the Natural Resources Department believes that the Showy Prairie Gentian is growing. The drainage easements that Hearthfire, Inc. ("Hearthfire") is acquiring from The Water Supply and Storage Company are for the construction of storm drainage facilities at the western boundary of the Second Filing, near Lot 26 and the south side of the future street, Town Center Way, which locations are far removed, by approximately 500 to 600 feet, from where the Show Prairie Gentian was seen. Nonetheless, construction of the drainage facilities will be strictly confined to the easement areas, with the least amount of disturbance possible to The Water Supply and Storage Company property and the reservoir shoreline. In addition to the practical reality that neither the trail or the drainage facilities will affect the Showy Prairie Gentian, Hearthfire is not required to delineate or preserve vegetation outside the boundaries of the Second Filing under the Land Development Guidance System. Furthermore, Hearthfire does not have permission to enter The Water Supply and Storage Company property to delineate the plant.