HomeMy WebLinkAboutBUILDERS SQUARE AT HARMONY MARKET PUD, 2ND FILING - FINAL - 54-87D - CORRESPONDENCE - LEGAL COMMUNICATION Develop ant Services
Planningpartment 410
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Ci of Fort Collins
MEMORANDUM
TO: Paul Eckman, Assistant City Attorney
FROM: Ted Shepard, City Planner
DATE: March 25, 1991
RE: Liability at Builders Square Detention Pond
Builders Square is presently under construction at Harmony Market
P.U.D. , Filing Two. The building and site improvements are being
constructed according to the approved plans, along with the
approved administrative changes, that are on file with the City.
Part of these approved plans call for a large detention pond
located on the southerly portion of the site.
This detention pond is required to detain storm flows for release
downstream at the historic rate. In addition, the pond represents
valuable open space and setback areas to buffer the large building
(88,800 sq. ft. ) from Oak Ridge Drive, a collector street. To
enhance the buffer purpose, the pond has been landscaped with
proper review by the Stormwater Utility.
Over the last several weeks, Builders Square has petitioned the
Planning Department to enclose the detention pond citing a fear of
a liability claim due to the lack of fencing. On two separate
occasions, in writing, the Planning Department has denied this
change request citing a detrimental effect on the aesthetic quality
of buffering and the negative impact on the streetscape.
Builders Square has responded with a letter (see attached) . The
letter indicates that because the Planning Department will not
allow the detention pond to be enclosed by a security fence, that
". . .the City will be liable for any accident that could result due
to the unrestricted access to this area,', and that ". . .the City
will accept all liabilities arising out of not fencing the
detention pond which is our criteria."
I am very concerned that if we do not respond to this letter, that
Builders Square may infer that the City will assume a liability
that we do not normally accept. To my knowledge, detention ponds
in Fort Collins are not enclosed. In fact, Stormwater Utility has
begun to install picnic tables in City owned ponds to promote
"multi use" . Please advise as to what action we should take given
Builders Square response to our refusal to allow the enclosure.
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 22"1-t1750