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.