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City of Fort Collins
DATE: July 27, 1989
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M E M O R A N D U M
TO: Ted Shepard, City Planner
FROM: W. Paul Eckman, Deputy City Attorney(/"
RE: Riverbend Stables
6 D
A 2 7 I989 , J
I am in receipt of your July 21, 1989 memorandum regarding the
above topic and the questions that have arisen with respect to
the extent to which the City may legally require the dedication
of a right-of-way across this property for Timberline Road.
Issues regarding developer exactions have been discussed at
length between this office and the City staff during the evolu-
tion of the new ordinance pertaining to street oversizing fees.
The general legal principle involved is that, as a condition of
development, developers may be required to comply with certain
dedication and/or construction requirements and to pay certain
fees. The nature and extent of those requirements has been the
subject of numerous recent cases. As is often true, the law is
still in a state of flux in this area and is less well-defined in
Colorado than in some other jurisdictions. The conclusions that
our office has reached from a review of the relevant case law and
discussions with attorneys who specialize in this area are as
follows:
(1) The dedication and construction requirements
that the City imposes upon a particular developer
must be limited to those which are reasonably neces-
sary to offset the impacts of the proposed develop-
ments;
(2) In addition to imposing requirements to offset
immediate impacts, the developer can also be required
by the City to contribute to the expansion of our
City-wide street system through the payment of the
City's street oversizing fee. The amount paid by the
developer must be calculated according to a rational
formula that proportionately measures the relative
street impacts of the proposed development; and
(3) Once the developer has met the dedication and
construction requirements on or adjacent to its
development and has paid the street oversizing fee,
the developer cannot be required to construct the
300 LaPorte Avenue • P. O. Box 580 • Fort Collins, CO 80-522-0380 • (303) 2211-6320
Ted Shepard, City Planner
July 27, 1989
Page 2
oversized portion of streets without full reimburse-
ment.
Attached you will find a memorandum from Steve Roy to Tom Peter-
son, Joe Frank and others, dated December 8, 1988, dealing with
the question of developer exactions. I commend it to you as
additional background information on this question. Also
attached, please find my June 16, 1988 memorandum to Joe Frank
regarding the requirement of dedications for the Fort Collins
Expressway, which also touches upon the issue of developer exac-
tions and the nexus between the exaction and the impact of the
development. You will also find attached my September 23, 1988
memorandum to Peter Barnes dealing with dedication requirements
and a June 12, 1988 memorandum from Steve Roy (with attached
article) on this subject.
WPE:whm
Attachments
cc: Rick Ensdorff, Transportatin Administrator
Joe Frank, Assistant Director of Planning
Mike Herzig, Assistant City Engineer/Projects