HomeMy WebLinkAboutLINCOLN EAST CONVENIENCE CENTER PUD, LOT 2 - FINAL - 40-94F - CORRESPONDENCE -Finally, the City's acceptance of a development application and associated fee does not
guarantee the approval of such application. The Lincoln East Convenience Center
PUD, 2nd Filing (Jerry's Quick Lube) Final received a full round of review by the City
Staff and was ultimately denied by the Planning and Zoning Board on June 4, 1998.
While it is unfortunate that your project proceeded to a certain point without your full
knowledge of these floodplain issues, it is clear that significant documentation of these
issues existed as a public record prior to your submittal.
Once again thank your for bringing your concerns to my attention. Please contact me
at 221-6601 with any further questions.
Sincerely,
Gregory Vyme
CPES Director
cc: John Fischbach, City Manager
Stormwater Utility
tC►_urrent PlanninglFile�#4:0,94F
Community Planning and Environmental Services
Office of the Director
City of Fort Collins
September 3, 1998
Jerry Summers
1405 E. Lincoln Avenue
Fort Collins, CO 80524
Dear Jerry,
Thank you for meeting with me on August 24, 1998 regarding the Lincoln East
Convenience Center PUD, 2nd Filing (Jerry's Quick Lube) Final.
I have considered your request for a refund of fees paid for this Final PUD application.
After familiarizing myself with the record and interviewing the involved staff members, I
met with and consulted the City Manager. I cannot recommend that such refund be
granted.
While the City did not place a condition of approval on the Lincoln East Convenience
Center PUD,. Preliminary (#40-94D) that specifically addressed the fact that the property
is located within a 100-year floodplain, there is significant documentation that this issue
was discussed as a matter of public record prior to the submittal of the Lincoln East
Convenience Center PUD, 2nd Filing (Jerry's Quick Lube) Final #40-94F on October
31, 1997.
First, the City's documentation shows that between April 11, 1996 and October 30,
1997 there, are, eight instances where the City notified the Diamond Shamrock
Corporation,, and/or its consultants that the subject property was located within the
100/500'year floodplain and that critical facilities are not allowed within the floodplain
without a variance by the Stormwater Board.
Second, on September 12, 1996, the Stormwater Utility discussed flood plain
regulations for gas stations with Mr. Nic Chenoweth (realtor for the Webster family). Mr.
Chenoweth indicated that the applicant's engineers "should be able to work it out' .
Third, the comment response letter from Carl Schmidtlein of Galloway, Romero and
Assoicates dated September 23, 1997 stated that issues related to the flood plain and
critical facilities are "noted and will be complied with." The Stormwater Utility fully
expected the submittal of an application for a variance from the Stormwater Board.
Such a variance had been granted for a similar project a short time before.
281 N. College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580
(970) 221-6601 • FAX (970) 224-6177 • TDD (970) 224-6002