HomeMy WebLinkAboutHARMONY NEIGHBORHOOD CENTRE P.U.D. - PRELIMINARY - 33-94 - MEDIA - (14)Growth
Builder
debating
next step
City vote scrutinized
By TONY BALANDRAN
The Coioradoan Cp
A lawyer for the developer
who wants to build a retail
center on Harmony Road said
his client wasn't going to "sit
still" in the face of a morato-
rium on the project.
"You may conclude that we
are not going to take it (the
moratorium decision) sitting
on our heels," Golden lawyer
Dennis Polk said. "We're not
going to sit still."
Tuesday night, members of
Fort Collins City Council gave
initial approval to a six-month
moratorium on all commercial
and retail developments along
the Harmony Corridor, which
extends from College Avenue
to Interstate 25.
Polk said he must review
that action before deciding on
a response.
Council members are set to
consider final approval of the
measure July 5.
As written, the ordinance
temporarily halts all retail
and commercial projects that
have not received preliminary
or final approval from the city
by July 15, the date the mora-
torium would be enacted.
The measure would suspend
a 154,000-square-foot develop-
ment north of Harmony Road
and between Wheaton Drive
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and McMurry Avenue. Even
the review process for such a
development could not begin.
A few retail projects are ex-
empt from the moratorium,
those specifically planned in
either the Harmony Market
Shopping Center or OakRidge
Business Park — the south-
west and southeast corners of
1,emay Avenue and Harmony
Road. Those two areas are
clearly going to be retail and
commercial, city officials said.
Two weeks ago, when- City
Council members openly sug-
gested that a moratorium may
be needed to complete a re-
view of the Harmony Corridor
Plan regulations, Polk and his
client, Denver developer
James Sullivan, threatened a
lawsuit against the city.
In a letter dated May 23 to
the city, Sullivan said the land
where he wants to build a
neighborhood shopping center
had been zoned to accom-
modate such a project "for a
substantial period of years."
"If the city persists in its ef-
fort to indirectly eliminate
vested rights ..." he said, "(I)
will have little alternative but
to file an appropriate action in
federal district court."
Sullivan could not be
reached Wednesday to explain
whether he intends to move
forward with the lawsuit.
However, speaking for Sul-
livan, Polk said: "My client re-
mains resolute. Our position
hasn't varied one iota from
that (letter)."