HomeMy WebLinkAboutBESSETT RESERVATION PLAT - 97-88 - CORRESPONDENCE - CITY COUNCIL (2)•
CITY OF FORT COLLINS
DEVELOPMENT SERVICES - OFFICE OF THE DIRECTOR
CON=-1: ��`E' JRA� i
DT: July 29, 1988
T0: City Council Members
Steven C. Burkett, City Manager
FRCZi: James M. Davis, Director of Development Services
RE: Development Activity Within the Fixed Alignment of the Bypass
The Planning Depar�nt is receiving increased requests to develop property
within the fixed and proposed alignments of the Bypass. The fixed portion
of the Bypass alignment is between Highway 287 near LaPorte on the north,
and just east of High -;-ay 287 on the south near Conifer Street. From just
east of the intersection of Conifer and Highway 287 to I-25, the the
alignment is not fixed and is subject to resolution of the
Supplemental -Environmental LTpact Statement (S-EIS)' which is under
preparation by the State.
For those properties that are subject to the State's S-EIS, the State or
City can only reserve the right -of -tray through fee simple purchase. This is
because the alignment is not fixed by either a preliminary design plan of
the State or the Master Streets Plan of the City.
In the areas where the alignment is fixed, however, the City or State can
take action to protect the right-of-way for the public interest,
convenience, and necessity; by dedication, acquisition, condemnation or
reservation.
The Planning Department has received an inquiry for development of an
office building on Lots 7,8,10,11, and 12 of Evergreen Park which is
bounded by Red Cedar, Conifer, and Blue Spruce. These lots are located
within the fixed alignment of the proposed Bypass as determined by the
State's preliminary engineering plans. It is also shown schematically on
the City's Master Street Plan as the approved location for the facility.
The Environmental LTpact Statement (EIS) has been coulpleted for this
section of the Bypass_ and accepted by FHWA and EPA. In other words the
Bypass location relative to the subject lots has been fixed.
Yx ?s:�''L i:i"�tt.s,•.',y'!'_nw�l-.:�. `�Grif?"...Y {: if; ��:a�t�.1!}1L1 - ..�,.Tiw�.b`Y....�..C._1x
300 LaPorte Ave. • PLO, Box 580 • Fort Collins, Colorado 80522 • (303) 221-66(
City Council Members
July 29, 1988
Page 2
Staff has inquired of the State its intentions regarding any proposal to
develop property within the fixed portion of the alignment. The State
responded that it has no authorization or funding to acquire any portion of
the Bypass south of Highway 287 near LaPorte to I-25..Consequently, the
State considers the issue of advance acquisition of property to be a local
matter and decision.
In light of this, we are faced with the issue of acquiring, condemning,
reserving, or doing nothing regarding the subject lots. Dedication is not
feasible in this case as the majority of the subject lots fall within the
fixed alignment of the Bypass. If the subject properties develop and the
State, at a later date, authorized the construction of the Bypass within
the fixed alignment, it would have to pay full market value for both the
land and improvements, and to assist in relocation of any building
occupants. Staff is currently working on calculating the cost of acquiring
this property. The cost information will be provided to you as soon as it
is available.
We bring this .matter to your attention because of the policy inplications
of the City and/or State taking steps to protect at least the fixed
portions of the Bypass. -
STAFF RECO10UII.IATION
If the Council has no objection, staff will proceed to work with the
Planning and Zoning Board to proceed to obtain a "reservation for future
acquisition" of the subject lots pursuant to Article 23, Section 31-23-220
through Section 31-23-224 C.R.S. to protect the fixed portions of
right-of-way of the Bypass.
We believe this to be the; least cost solution to protect future decisions
of the City and State regarding this inportant public facility.
Attachments
cc: Tom Peterson, Planning Director ..
Rick Ensdorff, Transportation Administrator
Gary Diede, Engineering Director
Paul Eckman,_ Assistant _ City Attorney
s
MEMORANDUM
DATE: July 29, 1988
TO: James M. Davis, Director of Development Services
FROM: Richard L. Ensdorff, Transportation Administrator �t�
RE: The Biset Property
The City has been requested by Mr. James Biset to look at a piece of
property which he owns in the area of the city just east of College Avenue
and north of Conifer. He would like information and comments regarding
development of this property. His property is bounded by Conifer Street on
the south, Red Cedar Drive on the west and Blue Spruce Drive on the east.
In reviewing this property, we have determined that the proposed Fort
Collins Expressway Parkway has significant impact on the property. The
State of Colorado has prepared a preliminary design for this part of the
facility (a map of that proposed design is attached). As can be seen from
that diagram,- the right-of-way rre-eded for the proposed Expressway/Parkway
takes up just about all of the property Mr. Biset proposes to develop. It
is important at this time for the City to determine the future of this
transportation corridor. The State of Colorado has responded to Mr. Biset
(their letter of July 25 is attached). They have indicated that at this
time they are not prepared to purchase or acquire this right-of-way and
that the sole authority to allow development rests with the City of Fort
Collins. -
We believe at this time that to allow development in this part of the
Parkway corridor a section which has been preliminary designed would not be
in keeping with the City's direction on supporting the Parkway. This
particular area of proposed development is of significant importance in
that whatever design form the Parkway takes this property will be critical.
Our transportation planning efforts indicate that it is important for this
corridor to be preserved for the Parkway facility. The timing of that
facility is still unknown but the City is beginning a more aggressive
effort to work with the State of Colorado and the community to define that
need and to develop a-concensus on devzloping a. plan for the Parkway
facility.
It would be my recommendation -that we explore the possibility of reserving
the proposed Parkway ri-ght-of-way in this area so that we do not preclude
our option to build the Parkway or that we significantly increase the cost
of building this facility.
RLE :m jm
Attachments
•
DIVISION OF HIGHWAYS
P.O. Box 850
Greeley. Colorado 80632-0850
(303)353-1232
Mr. James Bessett
5 Heritage Lane
Shelburne, Vermont 05482
Dear M.. Bessett:
•
STATE. OF
COLORAD C
,7
July 25, 1988
FC 287-3(22)
Ft. Collins
Expressway
DOH FILE 451
In the past several months, you have had discussions with my staff regarding
property that you presently own just east of North College Avenue and north
of Conifer Street in Fort Collins. This property will be involved in the
right of way necessary for the interchange of the proposed Ft. Collins Express-
way with North College Avenue.
At this time, the Department of Highways is preparing the Environmental Impact
Statement for the Expressway east of North College Avenue. However, the
location and design at North College is approved. If the facility east of
North College is never built, then the interchange as presently designed
will not be needed.
There are no construction funds available for construction of the Expressway
east of North College Avenue. Funding for 60 million dollars has been part
of the Governor's Statewide Mobility Program for the past two years. To
date, the funding for that program has not passed the State Legislature.
Without the passage of some type of expanded funding plan, the possibility
of building the Expressway is low. The Governor is planning to continue
to request support from the Legislature.
The decision on the issuance of a building permit is solely under the authority
of the City of Fort Collins 'and is based on their criteria. We can only
inform the City that your property lies within the a> a that would be needed
for right of way if the Expressway is ever built.
If my staff or I can be of further assistance, please contact us.
Very..truly yours,
�. 7•
Douglas Rames
District Engineer
DOR:da(JKC)
cc: R. L. Clevenger
Russ McCahan/Moore & Company, 260 E. Horsetooth, Ft. Collins 80525
___---Tom Peterson/Ft. Collins Planning Director
Davis -Crier
R. Touslee
iCitvoornev •
Citv of Fort Collins
DATE: July 29, 1988 MEMORANDUM
TO: Rick Ensdorff, Traffic Engineer
FROM: W. Paul Eckman, Assistant City Attorney*/
RE: Statutory Mechanism for Reservation of Street
Rights -of -Way
Article 23, Title 31 of the Colorado Revised Statutes, con-
tains a mechanism for the reservation of street rights-cf-wav for
future acquisition. This mechanism is set forth in Sections
220-224 of that Article. (A copy of the statute is attached for
your reference.) Essentially, the Planning and Zoning Board may
cause a survey to be made for the exact location of the lines of
the street, in any territory affected by the City's Master Street
Plan, and make a plat of the area surveyed showing the land which
the Planning & Zoning Board recommends to be reserved for future
acquisition of public streets.
The City Council may then approve or reject such plat (or modify
it). City Council shall fix the period of time for which the
street location should be reserved for future acquisition.
The adoption of such a plat does not constitute a taking of the
land for street purposes or for public use, but is solely "a res-
ervation" of that location for the period of time specified.
In the resolution adopting the plat, the City Council shall
appoint a board of three appraisers to determine the amount of
compensation to be paid for the reservation. There is a mecha-
nism established for the rendering of theme- report to the City
Council, and for the filing of objections to the report, as well
as the mechanism for reconsideration of the report by the
appraisers. If the report is approved by the City Council, they
shall also provide for the payment of the amounts of compensation
set forth in the report within ninety days after its filing. If
the City Council should disapprove the report or fail to provide
the payment within ninety days, such failure shall be deemed to
be a dismissal of the proceedings, cancellation of the plat, and
an abandonment az the reservations, with the same liability to
the City for expenses as would be provided in the case of aban-
donment by resolution.
If the reservation is completed, such reservation shall not pro-
hibit the right of the property owner to construct buildings on
the reserved lands. Nevertheless, if the City should exercise
300 LaPorte Avenue, P.O. 13ox 580, Fort Collins, CO 50522-0580 • (303) 221-6320
Rick Ensdorff, Traffic Engineer
July 29, 1988
Page 2
the reservation, it would not be obliged to make payment for dam-
ages to any buildings constructed thereon during the period of
the reservation.
WPE:kkg
• 273 • Planning and Zoning 01 22p
of the entire membership of the governing body or, if disapproved by the
commission. is enacted or passed by not less than two-thirds of the entire
membership of the governing body.
(2) A street approved by the commission upon submission by the ;overn-
ing body or a street accepted by a two-thirds vote after disapproval by the
commission shall have the status of an approved street as though it had
been originally shown on the official master plan or on a subdivision plat
approved by the commission or had been originally platted by the commis-
sion.
Source: R & RE. L. 75, p. 1151, § 1.
31-23-213. Erection of buildings. (1) After the time when a commission
has adopted a major street plan of the territor,- within the municipal limits
of said municipality. no building shall be erected on any lot within such
territory or pan nor shall a building permit be issued therefor unless the
street giving access to the lot upon which such building is proposed to be
placed:
(a) Has been accepted or opened as or otherwise has received the legal
status of a public street prior to that time: or
(b) Corresponds with a street shown on the official master plan, with
a street or subdivision plat approved by the planning commission, with a
street on a street plat made by and adopted by the commission, or with
a street accepted by the governing body in accordance with the provisions
of section 31-23-217. Any building erected in violation of this section is an
unlawful structure, and the building inspector or other appropriate otTcial
may cause it to be vacated or have it removed.
Source: R & RE, L. 75, p. 1151, § 1.
C.J.S. Ste 62 C.J.S.. Municipal Corpora-
tions, § § 22 7(3)-2_"(9).
31-23-219. Status of existing statutes. After the time when a municipal
planning commission has control over subdivisions as provided in section
31-23-213, the jurisdiction of the planning commission over plats shall be
exclusive within the territory under its jurisdiction, and all statutory control
over plats or subdivisions of land granted by other statutes, insofar as in
harmony with the provisions of this part 2, shall be deemed transferred to
the planning commission of such municipality.
Source: R & RE, L. 75, p. 1152, § 1.
31-23-220. Reservation for future acquisition. (1) (a) Any commission
is empowered, from time to time, after it has adopted a major street plan
of the territory within its subdivision jurisdiction or of any major section
or district thereof, to make or cause to be made surveys for the exact location
of the lines of a street in any portion of such territory and to make a plat
of the area or district thus surveyed showing the land which it recommends
be reserved for future acquisition for public streets. The commission, before
31A2I Government - NIunici 274
adopting any such plat. shall hold a public hearing thereon, notice of the
time and place of which, with a general description of the district or area
covered by the plat, shall be given not less than ten days previous to the
time fixed therefor by one publication in a newspaper of general circulation
in the municipality if the district or area is within the municipality or of
general circulation in the county if the district or area is outside the munici-
pality. After such a hearing the commission may transmit the plat, as orig-
inally made or modified, as may be determined by the commission, to the
governing body together with the commission's estimate of the time within
which the lands shown on the plat as street locations should be acquired
by the municipality.
(b) The governing body, by resolution. may approve and adopt or reject
such plat or may modify it with the approval of the planning commission
or, in the event of the commission's disapproval, the governing body, by
a favorable vote of not less than two-thirds of its entire membership, may
modify such plat and adopt the modified plat. In the resolution of adoption
of a plat, the governing body shall fix the period of time for which the street
locations shown upon the plat shall be reserved for future taking or acquisi-
tion for public use. Upon such adoption the clerk shall transmit one attested
copy of the plat to the county clerk and recorder of each county in which
the platted land is located and retain one copy for the purpose of public
examination and hearings of claims for compensation.
(2) (a) Such approval and adoption of a plat shall not, however, be
deemed the opening or establishment of any street, nor the taking of any
land for street purposes, nor for public use, nor as a public improvement
but solely as a reservation of the street location shown therein for the period
specified in the resolution for future taking or acquisition for public use.
The commission at any time may negotiate for and secure from the owners
of any such lands releases of claims for damages or compensation for such
reservations or agreements indemnifying the municipality from such claims
by others, which releases or agreements shall be binding upon the owners
executing the same and their successors in title.
(b) At any time after the filing of a plat with the county clerk and recorder
and during the period specified for the reservation, the commission and the
owner of any land containing a reserved street location may agree upon
modification of the location of the lines of the proposed street. Such agree-
ment shall include a release by said owner of any claim for compensation
or damages by reason of such modification. Thereupon the commission may
make a plat corresponding to the said modification and transmit the same
to the governing,body. If such modified plat is approved by the governing
body, the clerk shall transmit an attested copy thereof to the county clerk
and recorder and the modified plat shall take the place of the original plat.
At any time the governing body, by resolution, may abandon any reservation
and shall certify any such abandonment to the county clerk and recorder.
Source: R & RE, L. 75, p. 1152, § 1.
31-23-221. Compensation for reservations. (1) In the resolution of adop-
tion of a plat, the governing body shall appoint a board of three appraisers
and shall fix the time and place of meetings for hearings by said board upon
275 Oanning and Zoning 31.222
the amounts of compensation to be paid for such reservations. Thereupon
the clerk shall publis ink least two newspapers of general circulation in
the municipality once a week for four consecutive weeks a notice vdilch shall
contain a general description of the land thus reserved as shown on the plat,
the provisions of the resolution of the governing body, including the period
of time for which such reservations are made. the time within ,yhich claims
for compensation may be filed, which shall be not less than three nor more
than six months from the date of notice, and the time and place of hearings
by the board of appraisers. The first hearing shall not be set earlier than
thir
ty days after the date of the first o such pu tcattons. uc nottce s all
also be posted in at least three public places in the neighborhood of or along
the line of the location of the reservation.
(2) The board of appraisers shall fix the amounts of com ensatictzl_ to
be paid respectively, to the owners of lands reserved -fort e period of time
as shown on the plat and in fhe resolution-ddoptedby the governing body.
NVthe clerk receives, within the period- Fixed 'for -the sameT H -Mim
for such compensation, he shall transmit it to the board of appraisers. At
the time and place fixed for such hearings. the board of appraisers shall hear
and consider all claims presented to it in writing or in person. including
all evidence which may be presented by the claimants or other persons. The
board of appraisers has the right on its own initiative to investigate and
ascertain data or evidence relevant to the question of such compensation.
In case of the abandonment of a reservation prior to the time fixed for pav-
ment of compensation, the municipality shall be liable to the owner of the
land included within the abandoned reservation for the expenses, if any,
incurred by such owner by reason of such reservation.
Source: R & RE, L. 75, p. 1152, § 1.
31-23-222. Report of appraisers - action by the governing body. (1) The
board of appraisers, within ninety days after the time fixed for the filing
of claims, shall file its tentative report. with the clerk setting forthATs-fin-dings
as to the amounts of compensation to be paid the respective owners of the
lands included within the lines of such reservations as located on the
approved plat. Thereupon the clerk shall publish once a week for two consec-
utive weeks in at least two newspapers of general circulation in the munici-
pality the fact of the filing of the report of the appraisers and specify a period
of thirty days after the date of the first such publication within which objec-
tions to the report may be filed with the clerk. If objections are filed within
said period, the clerk shall cause the hoard of appraisers to hold a meeting
at which said objections shall be transmitted to the board, and the board
may modify its report. The report in its original form or, if modified, in
its modified form shall be transmitted to the governing body by the clerk.
(2) Before passing on the report, the governing body may return it to
the board of appraisers for reconsideration, and the board, upon further con-
sideration, may transmit its former or modified report to the governing body.
The governing body may approve or disapprove the report. If the report
is approved by the governing body, it shall provide for the payment of the
amounts of compensation set forth in the report within ninety days after
the filing of the report with the governing body. In the case of those property
Alk P
31-23-223 Government - Municipal• 276
owners who file claims. payment shall be made through the clerk who shall
notify the claimants at the addresses giN en upon the claims tiled with him.
Payments to all other persons shall be made through the clerk of the district
court of the county in which the reserved location is situated by the payment
to said clerk of the amounts awarded to such persons. Notice of distribution
to such persons shall be given and made as may be provided by a rule or
order of said court. Payments made to the clerk or clerk of the district court
within said ninety days shall be deemed compliance with the above require-
ment for payment within ninety days.
(3) If the governing body disapproves the report or fails to provide for
such payment within ninety days. such disapproval or failure shall be deemed
a dismissal of the proceedings. a cancellation of the plat. and an abandon-
ment of the reservations of the street locations as shown on the plat. with
the same liability of the municipality for expenses as provided in the case
of abandonment by resolution. Thereafter the clerk shall transmit to the
county clerk and recorder an attested statement of such abandonment.
Source: R & RE, L. 75, p. 1 15'_. § 1.
31-23-223. Appeal from awards. Within twenty days after the approval
of any such report by the governing body, any person dissatisfied with the
award of compensation may file with the clerk notice of appeal to the district
court of the county in which the appellant's land is located. `Vithin ten days
of such notice, the clerk shall file with the clerk of the district court the
report of the board of appraisers approved by the governing body. together
with certified copies of the resolution thereof and of the notice of appeal.
Thereafter the procedure shall be in accordance with the procedure specified
by law.
Source: R & RE, L. 75, p. 1154, § 1.
31-23-22.3. No compensation for buildings. The reservation of a street
location, as provided in section 31-_3-220, shall not prohibit or impair in
any respect the use of the reserved land by the owner or occupant thereof
for any lawful purpose, including the erection of buildings thereon. No com-
pensations, other than the compensation awarded in the final report of said
board of appraisers as approved by the governing body, as provided in
section 31-23-222 or, in the case of an appeal, as awarded on such appeal
as provided in section 31-23-223, shall at any time be paid by the municipal-
ity or public to or recovered from the municipality or public by any person
j for the taking of or injury to any building or structure built or erected within
the period fixed in the resolution of the governing body upon any such
'i reserved location. No compensation or damages for any such reservation
i shall be paid or recovered except as provided in sections 31-23-221 to
31-23-223.
Source: R & RE, L. 75, p. 1154, § 1.
31-23-225. Major activity notice. When a subdivision or commercial or
industrial activity is proposed which will cover five or more acres of land,
0
0
k-
-0
w
rn
®1
,o
CD
_o
co
C)
7A
d
•
A PIMA
so
Oil 9"-
41
S.C.-/545 5
Blue Spruq