HomeMy WebLinkAboutBESSETT RESERVATION PLAT - 97-88 - CORRESPONDENCE - RESPONSE TO APPLICANT (2)Deveiot*nt Services •
Planning Department
November 9, 1988
James Bessett
5 Heritage Lane
Shelburne, VT 05482
Dear Mr. Bessctt,
Attached for your review arc copies of the Staff's recommendation to the
Planning and Zoning Board and City Council regarding the reservation of Lots
7, 8, 9, 10, 11, and 12 of Evergreen Park.
The Planning and Zoning Board will hold a public hearing on Thursday.
November 10, 1988 at 12:00 p.m. in the Council Chambers, New City Hall. The
City Council- will then consider the item at their evening meeting on November
15, 1988, also in the Council Chambers.
Plcase let me know if you have any questions.
Sincerely,
c
Tom Peterson
Planning Director
300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6750
ITEM NO. 1
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PLANNING AND ZONING BOARD MEETING OF
STAFF REPORT
PROJECT: Resolution Adopting and Approving the Bessett Reservation Plat and
Recommending That the Lands Thereon be Reserved for Future Acquisition for
Public Street Purposes -- The Fort Collins Parkway/Expressway-#97-88
APPLICANT: City of Fort Collins
OWNER: James Bessett
5 Heritage Lane
Shelburne, VT. 05482
PROJECT PLANNER: Tom Peterson
RECONINIENDATION: Approval
PROJECT DESCRIPTION: This is a
request for approval of
a recommendation
to City Council on the reservation
of property for five
years for
future
acquisition for public street purposes.
The subject property
is being
reserved
for the future Fort Collins Parkway/Expressway and is located
north of
Conifer
Street between Red Cedar Circle_
and Blue Spruce Drive. The
site is
approximately 5.3 acres in size.
EXECUTIVE SUMMARY:
The Planning Department has received an inquiry for development of an office
building on the subject property. These lots are located within the State
approved alignment of the proposed Fort Collins Parkway/Expressway. Colorado
law provides that the City may reserve property for future acquisition for
public streets. The Planning and Zoning Board is required by Statute to make a
recommendation to the City Council on the plat of reservation with the Boards
estimate of the time within which the lands should be acquired by the City.
The Staff believes that it is in the best interests of the City that a reservation
of those lots be obtained at this time for a period of five years in order to
reduce the ultimate cost to the State of acquisition of those lots at a later time
if development should occur in the interim.
OFFICE OF DEVELOPMENT 300 LaPorte Ave. • P.O. Box 580 • Fort Collins, Colorado 80522 • (303) 221.6750
SERVICES, PLANNING DEPARTMENT
Bessett Property
• P & Z Meeting -
Page 2
BACKGROUND:
ROW Reservation r97-88
November 10, 1988
Colorado law provides in Section 31-23-220, C.R.S., that the Planning and. Zoning
Board is empowered to make surveys for the exact location of the lines of a
street in the City and to make a plat of the area thus surveyed showing the
land which the Board recommends be reserved for future acquisition for public
street purposes. Before adopting such a plat, the Board must hold a public
hearing giving at least ten days advanced notice of such hearing by publication
in a newspaper of general circulation. After the hearing, the Board may
transmit the plat, as originally made or modified as may be determined by the
Board, to the City Council with the Board's estimate of the time within wliicli
the lands shown on the plats as street locations should be acquired by the
municipality. Thereafter, the City Council, by resolution, may approve, reject or
modify the plat and fix the period of time for which the street locations shown
on the plat shall be reserved for future acquisition. If the Council determines
to approve the plat, it shall appoint a board of three appraisers to ascertain the
fair market value of the acquisition. There is a detailed process by which the
appraisers make their determination and report the determination back to the
City Council for final decision.
Lots 7, 8, 9, 10, 11 and 12, Block 4, Replat No. 1, Evergreen Park, fall within
the State approved alignment and right-of-way for the section of the Fort
Collins Parkway/Expressway as determined by the approved Environmental
Impact Statement and the State's preliminary engineering plans. The owner of
the property, James Bessett, has inquired about development of the property lor-
an office building.
The Staff believes that it is in the best interest of the City that a reservation
of those lots be obtained at this time in order to reduce the ultimate cost to the
State of acquisition of those lots at a later time if development should occur in
the interim.
The City is acting primarily in an accommodation capacity to the State in
attempting to accomplish the reservation of this land for the
Parkway/Expressway. The State does not have the same authority as the City
to reserve the right-of-way for public street purposes.
The City has received no assurances from the State that any of the City's costs
with respect to this reservation will be reimbursed to the City by the State.
The State has no funding to acquire any portion of the Parkway/Expressway
cast of Highway 287.
The section of the Parkway/Expressway alignment that is the subject of this
recommended reservation is not involved in the supplemental Environmental
Impact Statement under preparation by the State Department of Highways. The
subject property lies within the Parkway/Expressway alignment that has already
received approval and has been preliminarily engineered. It is the lack of
appropriate funding that prevents the State from going forward with this part
of the project.
Iv
Bessett Property ROW Reservation =97-88
P & Z Meeting - November 10, 1988
Page 3
The Staff believes that there is sufficient municipal benefit to the ultimate
construction of the Parkway/Expresswav to justify the expenditure of' Cite
funds to secure this reservation. The recommended estimate of time for
reservation is five years.
Staff has also discussed this possible reservation with the owner of the propert%,
who has expressed his willingness to negotiate a settlement in the form of
lease agreement which would accomplish the same end. If a settlement can be
negotiated, the lengthy reservation process would not be necessary. A negotiated
settlement is preferred by Staff for several reasons:
It is a less cumbersome and time consuming process.
2. The
terms
and conditions of
the settlement would have the same Force and
effect
of the
more formal "reservation"
process including the agreed upon dollar
amount
and the City's ability to
terminate the "reservation" at will.
3. The
City
could cancel the
lease should the State receive funding in the
future
and be
willing to assume
its obligation to acquire the property.
4. The
owner
of the property has
agreed to negotiate in good faith to reach a
fair settlement
with the Citv
and thereby avoid undue delay that could be
caused
by the
formal reservation
process.
If these negotiations are successful, the exact terms of the settlement will be
submitted to and reviewed by City Council at a future date and authorization
formally sought for the City Manager to enter into such an agreement in lieu of
formal reservation.
STAFF RECOININIENDATION:
That the Planning and Zoning Board recommend adoption of the Bcssett
Reservation Plat and that the lands thereon be reserved for future acquisition
for public street purposes for a period of five years.
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