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HomeMy WebLinkAboutREINHOLTZ / FORNEY PUD - PRELIMINARY & FINAL - 61-87 - CORRESPONDENCE - LEGAL NOTICE (2)SORENSEN AND KONKEL ATTORNEYS AND COUNSELORS AT LAW 1405 SOUTH COLLEGE AVENUE SUITE ONE FORT COLLINS, COLORADO 80524 ROCK C.SORENSEN DOUGLAS D. KONKEL, P.C. CRAIG STIRN November 4, 1987 GREG R. REMMENGA Kari VanMeter Senior City Planner Office of Development Services, Planning Department 300 LaPorte Avenue Fort Collins, Colorado 80521 Re: Project Name-Reinholtz/Forney Project 309 South Grant Street, Fort Collins, Colorado Application for Planned Unit Development Preliminary and Final Plan Approval Dear Kari: TELEPHONE 303-4933484 This lawfirm represents Cheryl and Ralph Olson with respect to the above referenced Application for preliminary.and final PUD approval. I am in receipt of your letter of November 3, 1981. After reviewing your letter and conversing with Cheryl Olson, it appears to me that you are taking the position that you will not allow a hearing on this issue on November 16, 1987 and will not recommend approval unless the Final Site Plan contains the restrictions on outdoor activities.set forth in your letter of November 3, 1987. It is my understanding from conversations with Cheryl Olson that the proposed project met the All Development criteria of the Land Development Guidance System and scored extremely high as a Neighborhood Service Center Activity. It is my further understanding that all required processes have been complied with, conceptual review has been completed, and application for preliminary and final plan has been timely made. The matter has been placed on the agenda for appropriate Meeting of the Planning and Zoning Board for November 16, 1987. Our clients have a great deal of difficulty with two of the stipulations which you have requested as a condition to your recommendation for approval. First, my clients feel like the hours of outdoor activity are unduly restricted during the summer months, and would propose that the outdoor activities be allowed to continue until 10:00 p.m. daylight savings time during the summer months. In addition, your proposal that all I 0 0 Page.2 November 4, 1987 Kari VanMeter outdoor activities terminate in November of 1988 is completely unacceptable. Surely you and the board must understand why our clients are unable to commit the capital and resources necessary to convert this project with absolutely no assurance that the Planning and Zoning Board might not completely eliminate outdoor activities in one year. We believe that the proposed project provides substantial benefits.to the neighborhood and the community. The project will provide meaningful social benefits to the community while restoring and preserving an historic landmark. We also believe that the restoration will mitigate further depreciation of residential properties in the neighborhood. I believe the Planning and Zoning Board will understand the need for extended hours in the summer months, and will also understand my clients' inability to invest the time and money involved to restore and preserve this property without the assurance that the activities which justify the project will be allowed for more than one year. The project simply may not be economically feasible in the event all outdoor activities are curtailed whether now, or one year from now. My clients believe that reasonable limitations upon outdoor activities are appropriate to avoid any disruption of surrounding residential uses. However, it is imperative that the nature and extent of any limitations be defined now in order that my clients may proceed to make an informed decision as to whether to proceed with the project. My hope in writing this letter is that the Application for Combined Preliminary and Final PUD Plan Approval will remain on the agenda for the Planning and Zoning Board meeting of November 16, 1987. I also hope that you will recommend approval at the hearing. If you are unable to give unqualified support for the plan, my clients feel confident that the Planning and Zoning Board will be responsive to their concerns and will impose reasonable restrictions upon outdoor activities to avoid disruption to surrounding residential uses without reserving the right to terminate all outdoor activities one year hence. DK:mi cc: Ralph and Cheryl Olson Sincerely, Douglas D. Konkel