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HomeMy WebLinkAboutK & M REZONING - 17-94 - SUBMITTAL DOCUMENTS - ROUND 1 -0 Mr. Ken Waido March 15, 1994 Page 2 complying with the City's request, the owners of the property do not waive any rights which they may have on the additional submissions and, payment is made under protest. Our clients feel that the B-P planned business zone is the most appropriate for this property. If the Planning Staff would like to have discussions regarding the requested zone, our clients and Eldon Ward are open to scheduling a meeting upon Lucia Liley's return. We will contact you early in the week of March 21st. Very truly yours, MARCH & MYATT, P.C. By: J. Brad March JBM/jps Enclosures CC: Ms. Wanda Krajicek City Clerk, City of Fort Collins ARTHUR E. MARCH. JR. RAMSEY D. MYATT ROBERT W. BRANDIES. JR. RICHARD S. GAST LUCIA A. LILEY J. BRADFORD MARCH LINDA S. MILLER WILLIAM C. BEYERS JEFFREY J. JOHNSON MARCH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW 110 EAST OAK STREET FORT COLLINS. COLORADO 80524-2880 (303) 482-4322 TELECOPIER 13031 482-3038 Mr. Ken Waido City of Fort Collins Planning Department 281 North College Ave. Fort Collins, CO 80521 March 15, 1994 ARTHUR E. MARCH 1909-1981 MAILING ADDRESS: P.O. BOX 469 FORT COLLINS. CO 80522-0469 HAND DELIVERED Re: K & M Company Petition to remove property from T-Transition Zone Dear Ken: Pursuant to your request, we are submitting the following items as a supplement to the K & M Company Petition to Remove Property from the T-Transition Zone which was filed with the City Clerk on March 9, 1994: 1) Petition (4 additional copies); 2) Reason for Request (5 copies); 3) Planning Department Application Form; 4) Check for $55 ($50 application fee and $5 per page of petition); and 5) List of Affected Property Owners. I understand that you are requiring these additional items because of Planning Staff's position that the K & M Company petition is a rezoning request and, therefore, subject to the submittal requirements for "Rezoning Review" in the City's Development Manual. In accordance with Section 29-423 of the Code, it is our position that the owner of the property has an absolute right to request removal of the property from the T-Transition zoning district and that upon such request being made, the City is required to place the property in an appropriate zone which will accommodate the development of the property for an urban use. Therefore, we believe that the requirements which have been made are not proper. Nevertheless, we are making this submission in order to insure that the petition for zoning the property will be referred to the Planning and Zoning Board and heard at its next regular meeting on March 28, 1994 as required under the Code. In