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HomeMy WebLinkAboutPARAGON POINT PUD PHASE TWO PRELIMINARY - 48 91C - CORRESPONDENCE - CITIZEN COMMUNICATIONTEL No.0 May 8, 3 18:02 P.01 To 5iWV4: OL7- 14 August 1992 Mr. Steve Roy, City Attorney City of Fort Collins Fort Collins, Colorado, Dear Steve: As a resident of Fort Collins, I would like to bring to your attention a situation that is endangering the well-being of Fort Collins residents and unnecessarily exposing the City of Fort Collins to personal injury liability. A simple solution exists to solve the problem. However, I cannot get City Planning, Parks & Recreation, the land developers, and the homeowners' association board of directors together to solve the problem. It is a real catch-22 situation, and the City of Fort Collins will be responsible for any injury that occurs. The residents of the neighborhood are appealing to you to resolve the issue. Specifically, I am requesting an appointment at your office in the next week to meet with the concerned parties to try and resolve this issue. The neighborhood community is at Southridge golf course. The situation involves`a fire - emergency access way dirt road that runs from Lemay to Greenridge Circle across the golf course. The road traverses city property until it reaches a narrow 20-foot access way (designated tract B—owned by the homeowners' association) between two homes where it rises 35 feet in height and 110 feet in distance to Greenridge Circle. This road passes within a few feet of two homes including a landing area used by children to play. Tract J5 was platted only as an emergency access way. It was not designed as an integral part of the flow of golfers or maintenance vehicles. In fact, this narrow strip of land has a blind access to Greenridge Circle to the east and a blind entry to the golf course directly in front of the 18th tee to the west. During the Paragon Point PUD hearings, the fire department stated that this road is dangerous and unsuitable for vehicular traffic. The problem is that 30 to 60 vehicles per day and 4 to 5 bicycles4xdistrians per day have grown accustomed to using this right-of-way as a convenient short cut —mostly golf course maintenance vehicles, construction equipment and golfers. TEL No.0 May 8, 3 18:03 P.02 Mr. Steve Hoy, CQyAnor,.vy 14 August 1992 Rage 2 So far this past year, two children on bicycles have been hit by golf balls when they have ridden down the hill without knowing that golfers were teeing off to the north. Also, the little girl who plays on the landing area almost got hit by fast-moving golf maintenance vehicles. The problem appeared to be solved with the approval of Paragon Point and an alternative fire access to Southridge. The City apparently will vacate the access right-of-way in a month or two. However, Parks and Recreation feels that they must keep this access way as a maintenance road in spite of the danger and unsuitability of this dirt mad. In fact, Parks and Recreation does not need, access across J-5. They have adequate access to the eastern and northern sections of the golf course via five alternative access ways —all using city property. Three months ago the residents in the Greenridge Circle area discovered that Walt Gates and Bill Albrecht, representing the homeown=4-board of$irectors, had negotiated with Parks and Recreation fd-give them rights to use Tract J-5 & a rbad=independent of the emergency access right-of-way. This was done without the knowledge of the residents involved and in spite of the unsuitability of this road for this traffic. Why did Walt Gates and Bill Albrecht do this? Parks and Recreation happens to be supplying raw water to the homeowners' association for irrigation purposes with no legal contract. In talking with Walt Gates and Bill Albrecht, it appears that Parks and Recreation indicated to the homeowners' board of directors that they would stop supplying water unless the homeowners' association gave them the rights to use Tract J-5 and four other greenbelt areas. The homeowners' association, fearful of having to spend over $1 million dollars to replace the raw water irrigation system, agreed to this but without informing the residents of the association about the details of the agreement. This agreement is known as Ordinance 94, approved by the City Council in September of 1991. The agreement was negotiated by Bill Albrecht and Walt Gates on behalf of the homeowners' association. Southridge residents affected by this granting of rights to Parks and Recreation are furious about this agreement and are in process to change it. It does not --serve-the City of Fort Collins (in terms of resident safety) or the homeowners who must deal_ with a dangerous situation and shared liability with the city. I have attached documents signed by over 40 residents of Southridge, indicating support for solving this problem, and letters to the city and homeowners' association. All attempts to control the traffic using the Tract J-5 emergency access way during the past year have failed. This has included talking to the golf course maintenance people, the homeowners' board of directors, posting of signs and talking with the frequent users and bicyclists. My property is adjacent to the emergency access road, and I have installed a videotape surveillance system to record the amount and nature of the traffic inappropriately using the road. I have documented this traffic and enclosed a videotape. Also, I have a computer log of all passages which documents the traffic. ; TEL No.0 May 8, 3 18:05 P.03 Mr. Steve Roy, City Attorney 14 August 1992 Page 3 The residents have hired an attorneyto represent,us and.to present at the August 24th/31si planning` departmentImeeungs regarding, appofiovil'Paragon Point Phase 11 and Foxndge Development Plads wliict should not bc; approved unless the 30 to 60 vehicle traffic on the dirt emergencyaccessiroad,between Lemay,and„Greenridge is stopped@ The problem has been exacerbated by the Paragon'Point Development creating more pressures for traffic to use this shortcut. The Foxridge Development will further this pressure. I believe that, if City Planning and the Traffic Departments look into this situation, they will agree that this is an inappropriate land use for Tract J-5. It should be closed and returned to greenbelt use as soon as an alternative fire access is available. However, we do not seem to be able to cause this action to occur. Parks and Recreation has a different objective for this land use, and the homeowners' board of directors cannot represent our interests because of the fear of losing the water rights. I look forward to hearing -your reply and suggestions. Please contact'me at either of the following locations regarding a possible meeting in your office. Sincerely, Jim McCabe, Resident 5925 Greenridge Circle Fort Collins, Colorado 80525 223-9314 cc: Tom Peterson, City Planning Steve Burkett, City Manager Mike Powers, Parks & Recreation Jaynes G. McCabe, General Manager Hewlett-Packard Company 3404 B. Harmony Road Fort Collins, CO 80525 229-4497