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Home My WebLink AboutHARMONY SCHOOL SHOPS 5TH FILING, BEING A REPLAT OF LOTS FOUR, FIVE, SIX AND SEVEN OF THE 4TH FILING - PDP - 42-89K - CORRESPONDENCE - RESPONSE TO CITIZEN (4)iimii City of Fort Collins evelopment and Transportatiaervices Planning and Zoning January 11, 2008 Anne Krummenacher Fainsbert Mase & Snyder, LLP 11835 W. Olympic Blvd., Suite 1100 Los Angeles, California 90064 Telephone: 310-473-6400, ext. 140 Fax: 310-473-8702 Dear Ms. Krummenacher: I have received your inquiry regarding the status of the documents referenced in the two Notices that were recorded at the office of the Larimer County Clerk and Recorder's Office with regard to a parcel of land located within the former Timberline Farm Master Plan now referred to as Harmony School Shops. These two Notices refer to the Timberline Farm Master Plan and the Site Plan, Landscape Plan, Building Elevations, Site and Landscape Covenants and Utility Plans together with the Development Agreement dated June 20, 1997 between the City of Fort Collins and the developer. The purpose of this letter is to assure the interested parties that the above referenced documents have expired and have been superseded by subsequent planning and engineering documents that now govern the property. According to the City of Fort Collins Land Use Code Section 2.2.11(D), there cannot be two governing plans sets on a single piece of property. Specifically, Section (7) states: "(7) Planning over old plans. In the event that a new final plan is approved for a parcel of property which includes all of a previously approved site specific development plan, the approval of such new final plan shall cause the automatic expiration of such previously approved site specific development plan. In the event that a new final plan is approved for a parcel of property which 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 • • includes only a portion of a previously approved site specific development plan, the approval of such new final plan shall be deemed to constitute the abandonment of such portion of the previously approved plan as is covered by such new plan, and shall be reviewed according to the abandonment criteria contained in Section 2.1.4(C) and all other applicable criteria of this Land Use Code. Please note that the plans that supersede the plans referenced in the two Notices are referred to as Harmony School Shops 5th Filing, being a Replat of Lots 4,5,6 and 7, Harmony School Shops 4th Filing, City of Fort Collins, County of Larimer, State of Colorado. The Site Plan, Landscape Plan, Building Elevations, Utility Plans and Development Agreement related to Harmony School Shops 5th Filing are the current governing documents pertaining to the subject property. If you have any further questions, please do not hesitate to contact our office at 970-221-6750. Sincerely: l� Ted Shepard Chief Planner Ted Shepard - Fort Collins - 2268 East F Road, Fort Collins 850525 From: "A Krummenacher" <AKrummenacher@fms-law.com> To: <tshepard@fcgov.com> Date: 1 /9/2008 11:46:36 AM Subject: Fort Collins - 2268 East Harmony Road, Fort Collins 850525 Ted Thank you for your help and advice regarding my questions. I am glad that the new Harmony Filing completely supersedes the prior development agreements under your current land use regulations. As I told you, The lender's counsel has reviewed the exceptions on the proposed title policy, and is requiring the removal of two exceptions (please see attached). Those exceptions relate to the prior development of the property and what may be ongoing owner obligations. To remove the exceptions on the title policy, the title officer, Scott Friedt, has asked for a letter of assurance from the City stating that the developer"s and the current owner's obligations in connection with the property have been and are being met, and (ii) that the property is in compliance with the following: Timberline Master Plan (dated September 27, 1989); The Harmony School Shops PUD, First Filing 3. The Site Plan, Landscape Plan, Building Elevations, Site and Landscaping Covenants, and Utility Plans; and 4. The Development Agreement dated June 20, 1997 5. The Notices that are of record state that the documents to which they refer are on file with the city (documents 1, 3 and 4 above are not of record). We would appreciate a letter from you regarding these matters, as with all transactions, as soon as possible. Thank you again for your help. Annie Krummenacher Anne Krummenacher Fainsbert Mase & Snyder, LLP 11835 W. Olympic Blvd., Suite 1100 Los Angeles, California 90064 Telephone: 310-473-6400, ext. 140 Fax: 310-473-8702 Email: Akrummenacher@fms-law.com RCPTN 8 97040426 06/26/97 09958:00 8 PAGRB — 1, M H RODMERM RRCORDIM, I,ARI It c00HTY co STATE DOC YES — 1.00 NOTICE Please taka notice that on 1ffCh 24, 190, the planning and Zoning Board of the City of Fort Collins, Colorado, approved the Planned Unit Developmart Plan known as the Harmcrty School Shops FUD, Pint Filing Wch developmeAt was soul Wed and processed in awordance with Ssctlwt 29--52e of to Code of the City of Fort Collins. The Site Plan, Landscape Plan, Building eevad*ns, Site and Laadsaape CovOrdt, and utility Plans of the subject property together with the Development Agraarrtmnt dded .tuna 20,1997 batween the City of Post Calilns and the developer, out of vrhloh doctn Wft accrue certain rights and obtlgatlons of the.devesopment and/or subsequent owns rs of fhs subject property, any on foe in the office of tho Clerk of the Clay of Port Collins. The subject property is more partkmlariy described as follows: A Tract of tared Located In the SouthwestQuarter of Sa Orl 32, Townshlp,Z North, Rartgs 68 West of the Sixth prindFW Meridian, City of Fort Coffins, Cc 1.0f Ladner, State of Colorado. °t ell Secretary, Planning and Zoning Board City Cat r' ; • : = " Dated; f. It r" co r'. 4� -1 11-' ' .. V. .....: ._.ram..__ _ � �: �;. r..• S•. .� •"=�-� .. .. •' aki . "_ _s �Lii,-a i '� �;�y.`, •;p L��. `-•Cu:_,��_ r'`_`:-„_ _ .-.'i.�, : fa . �_. _ i,t. is «.;.�»:-_. _��_ ' _ »�.'. -��.�'`:j •;�..a..�r.:--'=cC_-r7:? ., _z. �.�w', _ _ � ...: •-••.. .' 1:.1ti.SL�i: _ ':,-; .. � �•:.S'_.C4i `•an.r-- C Ny,.•�, r.. art .a aaoit}�a3 o�/z�la4. �. �issoa: i a� paw _ r ras.rov�� iH: Z .. . _ _ _ ' is ".. ».` k ,. �.� _,+,r .•, bpi e�no ca . t oa - - - -- tde.. PUnaieh aad XaQ Bard of the City of Fort CoUhM Colorado. approved the KadK Plan known a Tlrbmdtaa Farm Master Plaw- which development was submitted and processed In tcoordance with Section 296526 of the Code of the City of Fort Collins, Ift M/tm Plan of the subject property is on file in the office of the Clark of the City of Fort CoMns. The subject property is more particularly described as follows; A Tract of Land Located to the West Halt of Seedon 32, Town" D North, Ran* 68 Was of the Statk PM., Cy of Fort coubm Coaaty of Larlaer, State of cola Coatala- bss 77.21 Aeras more or toss. 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