HomeMy WebLinkAboutHARMONY NEIGHBORHOOD CENTRE P.U.D. - PRELIMINARY - 33-94 - CORRESPONDENCE - CORRESPONDENCE-HEARING (3)Planning and Zoning Board
Attention: Renee Clements, Chairperson
City of Fort Collins
May 23, 1994
Page 2
Clearly, the City cannot persist in its "no growth" efforts to preclude reasonable and necessary
development in areas that are properly zoned for such use.
We want this letter to be made part of the public record and to have the Planning and Zoning
Board accurately consider the effect of these types of arbitrary actions on every property owner
within the boundaries of the City. Clearly, people who own commercially -zoned and retail -
oriented property for a substantial period of time are also residents of your City and suffer
enormous and continuing damages by virtue of the proposed change in the Harmony Corridor
Plan.
Should you have any questions, please feel free to contact me.
Sincere
James Michael
President
JMS/dr
SullivanHayes
1; R tI F k It \ (; Ih.
May 23, 1994
Planning and Zoning Board
Attention: Renee Clements, Chairperson
City of Fort Collins
281 N. College Avenue,
Post Office Box 580
Fort Collins, Colorado 80522-0580
Re: Harmony Corridor Planned Changes to the Land Development
Guidance System and Harmony Corridor Plan
Dear Ms. Clements:
This letter will constitute the objection of the undersigned to any change in the Harmony
Corridor Plan which would preclude or limit the development of properties that are already
zoned for appropriate development as a shopping center in the Harmony Corridor. As you are
aware, the undersigned is attempting to develop the property located at Harmony Road and
McMurray for ultimate use as a neighborhood shopping center. This zoning has existed as a
matter of right for a substantial period of years. Further, the subject property has been clearly
marked and designated by the presence of obvious and conspicuous signs for a period of years.
This use was approved many years ago and the landowners have relied upon this use for a
substantial period of time.
Any indirect termination or attempt to change the existing entitlement to develop the subject
property under the existing zoning will be a clear violation of the Vested Rights Act and will
constitute an inverse taking or regulatory taking of this property or this property interest.
It is clear that the present attempt to change the type of street designations for which
reasonable land development may occur is an indirect attempt to vitiate the effect of existing
zoning. These types of indirect attempts are little more than arbitrary and capricious attempts
to act in a confiscatory fashion and to damage by regulatory taking existing and vested property
interests.
If the City persists in its effort to indirectly eliminate vested rights, the undersigned, as the
proposed contract purchaser and developer of the subject property, will have little alternative
but to file an appropriate action in federal district court and/or appropriate state courts seeking
appropriate relief, including damages for these illegal and confiscatory acts.
1001 LINCOLN STREET • DENVER,COLORADO 80203 • (303) 534.0900 • FAX:(303) 831-1333 /���
SullivanHayes
., H O F I: H :\ (I I:
May 23, 1994
Paul Eckman
City Attorney
City of Fort Collins
281 N. College Avenue
Post Office Box 580
Fort Collins, Colorado 80522-0580
Dear Paul:
Thank you for agreeing to deliver this to Chairperson Renee Clements.
I would like to have this read into the Public Record at tonight's Planning and Zoning meeting.
Sincer ly,
James Michael ullivan
President
JMS/dr
ON W1001 LINCOLN STREET • DENVER,COLORADO 80203 • (303)534-0900 • FAX: (303) 83 1 -1333 A�moe