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HomeMy WebLinkAboutMARCH, OLIVE & PHARRIS, LLC LAW OFFICES - PDP - PDP140008 - CORRESPONDENCE - LEGAL COMMUNICATION (3)J. Brad March March, Olive and Pharris, LLC. Attorneys at Law 110 E. Oak, Fort Collins, CO 80524 Phone:970-482-4322; Fax:970-482-5719 Email: Bmarch(o)bmarchlaw.com From: K. Schutt [mailto:kschutt@wicklaw.com] Sent: Tuesday, May 19, 2015 7:36 AM To: Brad March Subject: FW: Joshi & Pass v. City - 1312 College Avenue Good morning, Brad — Attached please find the 4"' round comments from City staff on the above -referenced matter. In addition, Noah Beals has scheduled the hearing for 5:30pm on June 41h, 2015. Please let me know if you have any further or concerns. Kind regards, z&dr4 V. sue. 549. vVick & Trautwein, LLC (970)482-4011 http://www.wicklaw.com/ This e-mail communication may be a confidential attorney -client communication intended only for the person named above. If you are not the person named above, or the employee or agent responsible for delivery of the following information, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone (970)482-4011. Also, please e-mail the sender that you have received the communication in error. Thank you. WICK & TRAUTWEIN, LLC 3 From: Brad March [mailto:bmarch@bmarchlaw.com] Sent: Tuesday, May 19, 2015 12:12 PM To: K. Schutt Cc: Stewart Olive; Sandra Helzer Subject: RE: Joshi & Pass v. City - 1312 College Avenue Kim, I wanted to make sure that we are on the same page, Noah's comment 8 on 3/17/15 provides: Dissolving the agreement can be as a condition of approval of PDP, but must be complete before Final Plan approval. I believe that the approval would be conditional on an agreement relative to the drive — see for example 2.14.6 - Enforcement of the Requirements and Conditions of Development Approval. As has been discussed, there is a cart an horse problem, as the City is a signatory to the driveway agreement, the City can't release the condition until there is a final approval of the site plan. The comment 8 language indicates that there can't be a final plan approval until the driveway is resolved. I assume that the plans would be approved by the admin officer conditional on resolution of the drive issue. It is possible that the City takes the position that the admin officer is not the final approval source and if this is the case perhaps there is not a problem? I forwarded a proposed stipulation to Tim Hasler today and after he has added his critical comments I will get it over to you. Noah's comment 7 on 5/12/15 provides: The fence and Ivy should be continued on the west side of the porte corchere along the parking space. As has been indicated, there is an intent to seek National Register (see Karen McWilliams comment 1) designation for the property. Issues have arisen with the Department of Interior re the view of the property from the street. We have no objection to installing a fence extending from the porte corchere but have concern that the DOI could nix the idea. If possible we would like approval to reflect that the fence is required subject to DOI approval. Noah comment 15 on S/13/15 requires an application fee for the ROW deed and recording fees. What is the City application fee? Stormwater/Wes' Comment 4 on 5/13/15 provides: Please provide the type of grass proposed for the grasscrete. This should be per the recommendations of the manufacturer. As set forth on the construction details sheet of the submittal (sheet 5) the type of grasscrete that was specified was TUFFTRACKTM. The manufacturer is out of California and the manufacture's web site does not recommend a specific type of grass. I assume we will use a deep rooted fescue product but will get recommendations from both Turf Master, LLC, a local sod farm and from Rocky Mountain Hydroseed re appropriate groundcover, we will provide the recommendations to Wes. The grasscrete areas will be irrigated and an irrigation plan will be provided at building permit and should be available at the hearing. If you could confirm my understanding re Noah comment 8 it would be appreciated. Are you going to the hearing on 6/4 ? I would procure for you a fermented beverage following the event if you are available. As I hopefully have said, we appreciate your help. Brad 2 Noah Beals From: K. Schutt <kschutt@wicklaw.com> Sent: Wednesday, May 20, 2015 3:33 PM To: Noah Beals Cc: Paul Eckman; Cameron Gloss Subject: FW: Joshi & Pass v. City - 1312 College Avenue Attachments: 4th round Staff Comments.pdf Good afternoon, Noah — I'm forwarding some questions I received from Brad March following the transmission of the fourth round comments to him. When you have a chance, could you please provide the requested clarification? As for his question about comment 8, this is what we told Brad when I sent him the letter back in February following our meeting at the CAO with the various City staff involved in this case: "... the City has agreed that it can do a conditional approval of the plan (assuming City staff and the hearing officer find that all code requirements are met), pending an order from the court in the quiet title suit terminating the 1978 agreement. The City would be willing to stipulate to termination of the agreement after the conditional approval is obtained, assuming that the other remaining parties to the agreement are also willing to do so. Once the PDP is conditionally approved and we have a decree from the court terminating the agreement, then the City can take necessary action on the final development plan." Also, just FYI, since I cannot attend the hearing on June 4" 1 have made arrangements for Kevin Ward to attend in my place. Kevin is the attorney from my office who came to the recent staff review meeting. Thanks for your attention to the questions below. I'll look forward to hearing from you. Kind regards, Kim Wick & Trautwein, LLC (970)482-4011 http://www.wicklaw.com/ This e-mail communication may be a confidential attorney -client communication intended only for the person named above. If you are not the person named above, or the employee or agent responsible for delivery of the following information, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone (970)482-4011. Also, please e-mail the sender that you have received the communication in error. Thank you. WICK & TRAUTWEIN, LLC