HomeMy WebLinkAboutBESSETT RESERVATION PLAT - 97-88 - CORRESPONDENCE - APPLICANT COMMUNICATION (2)OCTOGER 4, 1988
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JAMES BESSETT
5 HERTIAGE LANE
SHELBURNE VT. 05482
JAMES M. DAVIS
DIRECTOR OF DEVELOPMENT SERVICES
P.O. BOX 580
FORT COLLINS, COLORADO 80522
DEAR MR. DAVIS
THE FOLLOWING IS THE SITUATION THAT HAS DEVELOPED ON
PROPERTY THAT WE OWN IN FORT COLLINS. THIS REPRESENTS WHAT I
BELIEVE ARE THE FACTS REGARDING THE PROBLEM ON PARCEL
NUMBERS 97012-14-007 THRU 012. STATEMENT OF EVENTS
1. RUSSELL MC CAHAN OF MOORE AND COMPANY FORT COLLINS
DELIVERED A POTENTIAL BUYER FOR THE PROPERTY ABOVE. THIS
BUYER DEVELOPED SITE PLANS AND WHEN THESE WERE DELIVERED TO
THE CITY HIS REPERSENATIVE WAS INFORMED BY CHERRY CLARK OF
THE PLANNING DEPARTMENT THAT A BUILDING PERMIT MAY NOT BE
ABLE TO BE ISSUED ON THE ABOVE PROPERTY . THEY WERE ALSO
INFORMED THAT THE EXPRESSWAY WAS GOING TO GO THRU THIS
PROPERTY. THIS OCCURED IN THE FIRST PART OF JULY.
2. I WAS MADE AWARE OF THE SITUATION ON JULY 20 AT WHICH
TIME I CONTACTED TOM PETERSON OF THE PLANNING DEPARTMENT
REGARDING THE PROBLEM. I REQUESTED A LETTER BE SENT STATING
THAT A BUILDING PERMIT COULD BE OBTAINED ON THE PROPERTY AND
THAT THERE WAS CURRENTLY NO PLANS OR FUNDS PERCLUDING THE
BUILDING ON THE PROPERTY. I WAS TOLD THAT A LETTER WOULD BE
IN THE MAIL BY 7/22/88. THE BUYER WAS INFORMED THAT THE
PROBLEM WAS RESOLVED.
3. THE SAME DISCUSSION WAS HELD WITH PAUL ECKMAN OF THE CITY
ATTORNEYS OFFICE WHO WAS TO TALK TO PETERSON ON 7/20/88 AS
HE APPARENTLY AGREED THAT A STATEMENT SHOULD NOT HAVE BEEN
MADE SAYING A BUILDING PERMIT COULD NOT BE OBTAINED AND THAT
A LETTER SHOULD BE ISSUED TO CLAIRFY'
4' THE STATE WAS REQUESTED TO SUPPLY A STATUS REPORT ON THE
PROJECT ON 7/22/88 AND ISSUED THEIR LETTER ON 7/25/88 WHICH
IS ATTACHED.
5. TOM PETERSON WAS AGAIN CONTACTED ON 7/29/88 AT WHICH TIME
HE HAD RECEIVED THE STATE LETTER AND AGAIN INFORMED ME THAT
A LETTER WOULD BE ISSUED THAT DAY. AGAIN I STRESSED THE
IMPORTANCE OF GETTING THIS LETTER OUT AS THE BUY WAS WAITING
AND COULD BE LOST DUE TO THE PROCRASTINATION OF THE CITY.
� 6. THE CITY ATTORNY OFFICE WAS CALLED ON 7/29/Bq BUT NO e:w°°'''~
RETURN CALL WAS EVER RECEIVED. ~__/'
7. TOM PETERSON WAS AGAIN CALLED ON 8/8/88 AT WHICH TIME I
WAS AGAIN INFORMED THAT THE CITY HAD NOT ISSUED THE
REQUESTED AND PROMISED LETTER AND IT WAS NOW AT THE CITY
MANAGER FOR REVIEW. MR. PETERSON CALLED BACK ON 8/8/88 AND
INFORMED ME THAT THE LETTER WOULD BE ISSUED ON 8/9/88 BUT
WOULD BE QUALIFIED.
8. MIKE DAVIS THE DIRECTOR OF DEVELOPMENT SERVICES CONTACTED
ME ON 8/10/88 AND INFORMED ME THAT A LETTER HAD BEEN ISSUED
(SEE ENCLOSED) HE ALSO INFORMED ME THAT THE PLANNING AND
ZONING BOARD WAS TO MEET ON 8/18/88 AND AT THAT TIME THEY
WOULD DECIDE IF THEY WERE TO PROCEED WITH RESERVATION. IF
NOT I WOULD RECEIVE A LETTER STATING SO TO FREE THE
PROPERTY.
9. ON 8/12/88 I SPOKE WITH TOM PETERSON WHO INFORMED ME THAT
THE BOARD WAS NOT TO MEET UNTIL 8/24/88.
10. IF THE BOARD WERE TO ELECT TO PROCEED THEY WOULD NEED TO
PUT A PACKAGE TOGETHER FOR THE CITY COUNCIL WHICH WOULD TAKE
AT LEAST UNTIL OCTOBER.
11. RON MILLS WAS ASSIGNED BY MIKE DAVIS TO TRY IN WORK OUT
A AGREEMENT AS TO PRICE WITH MYSELF INORDER TO SHORTEN THE
TIME REQUOIRED TO RESOLVE THE PROBLEM. THIS AGREEMENT AS TO
WHAT WOULD BE ACCEPTABLE WAS REACHED ON 9/1/88.
12. ON 9/30/88 I WAS INFORMED BY MR. MILLS THAT THE EARLIEST
THAT THE ISSUE COULD GO TO COUNCIL WAS NOW NOVEMBER 1988.
THE CITY AT THIS POINT HAS COST ME A POTENTIAL BUYER, WHO
WAS READY TO WRITE A CONTRACT ON THE PROPERTY, BY NOT
SUPPLYING AN UNQUALIFIED STATEMENT THAT A BUILDING PERMIT
COULD BE OBTAINED AFTER HAVING MADE THE STATEMENT IN THE
FIRST PLACE. THIS SITUATION HAS GONE ON FOR 90 DAYS AND
STILL NO DECISON HAS BEEN MADE TO RESERVE NOR HAS IT BEEN
PRESENTED TO PLANNING AND ZONING OR TO COUNCIL FOR
DETERMINATION. THIS GIVES ME THE PRECEPTION OF INTENT ON
BEHAFT ON THE CITY WAS NOT TO ONLY COST ME THE SALE BUT NOT
TO PROCEED WITH THE RESERVATION APPROCH.
I AM REQUESTING THAT THE PROPERTY BE RESERVED CONSISTANT
WITH WHAT WAS AGREED TO OR BE PURCHASED BY THE CITY IN THE
AMOUNT OF $279,000 IN 9/1/88 DOLLARS.
SINCERELY