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HomeMy WebLinkAboutHEARTHFIRE PUD, 2ND FILING - FINAL ..... ROUND OF REVIEW 7 - 31-95E - LEGAL DOCS - LEGAL COMMUNICATION (3)03/22/2001 11:37 9702261r PINECREST PAGE 02 �u Community Planning and Environmental Services Current Planning _+rz. City of Fort Collins March 7, 2001 Tom Dugan PineCrest Planning and Design, LLC 4225 Westshore Way Fort Collins, CO. 80525 Dear Tom, Staff has reviewed your revisions for Hearthfire PUD, Second Filing - Final that were submitted to the City on February 7, 2001, and would like to offer the following comments: !. Doug Moore of the City's Natural Resources Department offered the following comment: • A private citizen brought to the attention of the Natural Resources Department that a rare Colorado plant species, Showy Prairie Gentian — Eustoma grandiflorum, was growing around Richards Lake in the area of this project. On October 22, 2000 this was confirmed during a site visit. Present at this visit were Kim Kreimeyer, Doug Moore, and Karen Manci of the City's Natural Resources Department. Please note: Showy Prairie Gentian locations should be delineated and mapped on the Site, Landscape, and Grading Plans. Depending on the delineation, trails may need to be relocated. This is a repeat comment and is significant enough to prevent the item from being scheduled for a Planning and Zoning Board public hearing and decision. Please contact Doug, at 224-6143, for information related to the plant locations found during the site visit and for guidance related to the sign placement after delineation and mapping have been done. 281 North College Avenue • P.O. Box 580 • Fort Collins. CO 80522-0580 • (976) 22I-6750 • FAX (970) 416-2020 Paul Eckman, Esq. April 12, 2001 Page 2 For those reasons, we request that this item be deleted as a requirement. Since Steve Olt states in his letter that the Second Filing may not be scheduled for the Planning and Zoning Board until all identified requirements have been met, there is some urgency in resolving this matter as quickly as possible. Thank you for your cooperation. Sincerely, MARCH & LAEY, P.C. T 6-6C J L. Liley LAL/jpk nclosure pc: Doug Moore, Natural Resources Steve Olt, Project Planner Tom Dugan, PineCrest Planning and Design Tom Kennedy, Hearthfire, Inc. MARCH & LILEY, P.C. ARTHUR E. MARCH, JR. ATTORNEYS AND COUNSELORS AT LAW LUCIA A. LILEY 110 E. OAK STREET J. BRADFORD MARCH FORT COLLINS, COLORADO 80524-2880 ARTHUR E. MARCH (970) 482-4322 1908-1981 Fax (970) 482-5719 April 12, 2001 Z Paul Ec an, Esq. Assist t City Attorney City of rort Collins P. O. B x 580 Fort C llins, CO 80522-0580 RE: Hearthfire PUD, Second Filing - Final, File 931-95E Dear Paul: As you know, this firm represents Hearthfire, Inc., developer of the Hearthfire PUD ("Developer"). After the approval of the Hearthfire PUD Preliminary Plan under the Land Development Guidance System ("LDGS"), the City approved the First Filing Final and is currently reviewing the Second Filing Final. Among the Staff s revision comments to the Second Filing is a requirement by Doug Moore of the City's Natural Resources Department that the Developer delineate and map the location of a rare plant species that is growing on property adjacent to the Second Filing. Please see the first page of Steve Olt's March 7, 2001 letter to the Developer's planner, Tom Dugan, which is enclosed. The Developer objects to Natural Resources, requirements for the following reasons. First, in approving the Hearthfire PUD Preliminary Plan, the City found that the site plan satisfied Neighborhood Compatibility Criteria A-2.3 regarding Natural Resources, which requires the preservation of desirable existing vegetation on the site. We can find nothing in A-2.3 or any other criteria of the LDGS, that would require the preservation of vegetation outside the boundaries of a project. Furthermore, the property where the rare plant was located is owned by The Water Supply and Storage Company. Although the Developer will post identification signs near the plant, the Developer has no permission to come onto reservoir property to prepare a delineation.