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HomeMy WebLinkAboutHARMONY VILLAGE PUD - PRELIMINARY - 65-93C - LEGAL DOCS - City HallMr. John Fischbach December 19, 1997 Page 4 We request a meeting with you and appropriate City staff as soon possible to discuss these ,issues, and would ask that CDOT be asked to participate as well. Thank you, John, for your consideration of this matter. Sincerely, MARCH & MYATT, P.C. LAL/kjh cc: Paul Eckman, Esq. Eric Bracke _� Ted^Shepard; J.F. Carter Ty Fangman Tess Jones Mr. John Fischbach December 22, 1997 Page 3 especially for community (i.e. the subject site) and regional shopping centers, is important. (2.5) Section: "GOAL STATEMENT (4-10) UD6" Coordinate the long range planning efforts of other City Departments and governmental agencies with the goals and objectives of the Harmony Corridor Plan. 3. The City Approved Overall Development Plan (1993) for the Dial project site shows shared direct access to Harmony Road (to be shared with the existing warehouse use to the west of the subject site). The background for this "shared access" was deliberated over in multiple meetings with the City's transportation department in 1992 and 1993. 4. An existing uncontrolled median cut in Harmony Road at the northwest corner of the subject site could be improved and be made substantially more safe by combining the Harmony Road access to the subject site and the adjacent warehouse use. 5. The City's often stated desire for porosity in and out of major activity centers to reduce congestion and pollution would be better served by direct access to the subject site and would reduce vehicular/pedestrian conflict at the major intersection (by reducing continuous right turns). Dial's, traffic engineers have determined that a three point access (right in, right out and left in) to Harmony Road is geometrically sound, will substantially improve public safety over existing conditions and is the best plan for providing safe, reasonable and adequate access for this approved community shopping center site. However, Dial's ability to move forward with CDOT is being denied and their request for direct access is being prejudiced by allowing the Celestica access permit application to be processed without implementing the Corridor Plan and City Plan policy direction that the entire Access Control Plan be updated. By proceeding on a case by case basis, the policies of the Corridor Plan and City Plan are jeopardized. Moreover, if Celestica is now hastily approved as the last "exception," it jeopardizes approval of a Harmony access for the Dial project. It would make much better planning sense, and be in conformance with City policies, to delay any decision on Harmony access until the Access Control Plan can be reviewed and modified, a process in which our clients would be willing to assist. Mr. John Fischbach December 22, 1997 Page 2 2. The implementation of the Harmony Road Corridor Plan calls for the Access Control Plan to be modified. A number of policies in that Plan give specific direction to the City: (2.1) Section: "IMPLEMENTATION" Coordination efforts with ... the State Division of Highways should be continued ... Important opportunities may be missed if the City does not play an active role in intergovernmental coordination and master planning ... (2.2) Section: "STATE VERSUS LOCAL CONTROL" In recent years Harmony Road has functioned more as a local arterial street and less as a state highway. Recognizing this trend, the State has indicated a desire to work toward placing Harmony Road under local control. (2.3) Section: "PLANNING FOR THE FUTURE (3-4)" The vision for the corridor area is that it become a major business center in northern Colorado attracting a variety of businesses and industries serving local as well as regional markets. It should also include a mixture of land uses including open space, residential, office, recreational and retail. The focus of most development activity, especially commercial, should be at the major street intersections ... Community and regional commercial activities are introduced in well -planned shopping centers or industrial parks, designed to draw shoppers from the surrounding community and region. (2.4) Section: "LU-5 (3-8)" Shopping centers can and should plan an important role in the identity, character and social interaction of surrounding neighborhoods. They should be easily accessible to existing or planned segments of public transit. Adequate auto accessibility, ARTHUR E. MARCH. JR. RAMSEY 0. MYATT ROBERT W. BRANDES. JR. RICHARD S. GAST LUCIA A. LILEY J. BRADFORD MARCH LINDA S. MILLER JCFFREY J. JOHNSON MATTHEW J. DOUGLAS MARCH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW 110 EAST OAK STREET FORT COLLMS. COLORADO 80524-2860 (970) 482-4322 TELECOPIER 1970) 482-3038 December 19; 1997 Mr. John Fischbach City Manager City of Fort Collins 300 Laporte Avenue. Fort Collins, CO 80522 Re: Harmony Access Plan Dear John: ARTHUR E. MARCH 1909-1981 MAILING ADDRESS: P.O. BOX 469 FORT COLLINS, CO 80522-0409 DEC 2.9 RECI VIA HAND DELIVERY I am writing this letter on behalf of my client, Dial Properties. Dial presented their proposed development plan before the City's Conceptual Review Team for a theater -anchored retail center at the southwest corner of Harmony Road and Timberline Road on November 3, 1997. At this meeting they were referred to Tess Jones at the Colorado Department of Transportation (CDOT) regarding direct access to Harmony Road. During this time period a plan for the proposed Celestica facility was also seeking direct access to Harmony Road. We are very concerned that Harmony access issues are being handled in a piecemeal manner, rather than in conformance with the Harmony Road Corridor Plan, City Plan and the Harmony Road Access Control Plan. There are a number of factors which we believe should be considered by the City before any access decision is made on Harmony Road, whether for the Celestica or the Dial project: 1. Planned development along Harmony Road has substantially changed since the Harmony Road Access Control Plan was adopted. In particular, the engineer's estimated trip generations from the subject site alone have increased fourfold (3,134. trips for a larger 74 acre site to 12,363 trips for just the subject 32 acres which is part of the 74 acres).