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Home My WebLink AboutBESSETT RESERVATION PLAT - 97-88 - REPORTS - CITY COUNCILAGENDA ITEM SUMMARY ITEM NUMBER: 25 DATE: November 15, 1988 FORT COLLINS CITY COUNCIL STAFF: Tom Peterson SUBJECT: Resolution 88-186 Adopting and Approving the Bessett Reservation Plat, Reserving the Land Described Therein for Future Acquisition for Public Street Purposes, Appointing a Board of Appraisers, and Fixing the Time and Place of Meeting for the Hearing by Said Board of Appraisers. RECOMMENDATION: Staff recommends adoption of the Resolution. This decision will not prejudge future decisions by either the City Council or State Department of Highways relative to final approval of the Fort Collins Expressway. EXECUTIVE SUMMARY: Last July, Council received a memorandum from staff regarding development activity on Lots 7, 8, 9, 10, 11 and 12 of Evergreen Park, commonly known as the Bessett Property. The site is located north of Conifer Street, between Red Cedar Circle and Blue Spruce Drive and is approximately 5.34 acres in size. The subject property falls 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 for an office building. Staff believes'it is important that this property be reserved from development in order to protect future public decisions by the City and State regarding this planned public facility. The memorandum also identified certain options for the City, including acquiring, condemning, reserving, or doing nothing regarding the subject lots. The staff recommendation was to obtain a "reservation for future acquisition" of the subject property pursuant to State statutes. Staff did not receive any objections from Council, and therefore has proceeded with the preparation of the attached resolution authorizing the staff to continue with the "reservation" process. On November 10, 1988, the Planning and Zoning Board considered the reservation of the property at a special public hearing, and has made a recommendation to City Council by its adoption of a reservation plat pursuant to State statutes. DATE: November 15, 1988W 1 -2- ITEM NUMBER: 25 BACKGROUND: 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. The Board may transmit the plat to the City Council with the Board's estimate of the time within which 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. The names of the appraisers recommended for appointment are being sent under separate cover. Further, the Council must fix the time and place of meetings for hearings by the Board of Appraisers. It is recommended that the hearing be set for January 5, 1989. Staff believes that one hearing would be sufficient. There is a detailed process by which the appraisers make their determination and report the determination back to the City Council for final decision. Staff believes it is in the best interest of the City that a reservation of these lots be obtained at this time in order to reduce the ultimate cost to the State Department of Highways of acquisition of these lots at a later time if development should occur in the interim. The recommended period of reservation is for 5 years, ending on December 31, 1993. 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. Action by Council on this reservation does not prejudge future decisions by either the City Council or the State relative to final approval of the Fort Collins Parkway/Expressway. 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, east of Highway 287 (see attached map). 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. Staff believes that there is sufficient municipal benefit to the ultimate construction of the Parkway/Expressway to justify the expenditure of City funds to secure this reservation for the State. Staff has also discussed this possible reservation with the owner of the property who has expressed his willingness to negotiate a settlement in the DATE: November 15, 1988 -3- I M16 NUMBER: 25 form of a 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: I. 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 City 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. The City Council has three options before it: 1. Defeat the reservation resolution and plat The owner of the property would proceed with development of the property in accordance with City development codes and standards. 2. Adopt the reservation resolution and plat. This would instruct staff to proceed to obtain the reservation pursuant to State Statutes. 3. Adopt the reservation resolution and plat but instruct staff to first seek a negotiated settlement in the form of a lease whose stipulations would be the same as if the property had been formally reserved. This would permit staff to negotiate with the owner of the property who has expressed a desire to lease the property to the City in lieu of a reservation to save time. If a settlement can be reached, the terms and conditions would be brought back to the City Council for its approval. Staff recommends Option 3. u RESOLUTION 88-186 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING AND APPROVING THE BESSETT RESERVATION PLAT, RESERVING THE LANDS DESCRIBED THEREIN FOR FUTURE ACQUISITION FOR PUBLIC STREET PURPOSES, APPOINTING A BOARD OF APPRAISERS AND FIXING THE TIME AND PLACE OF MEETING FOR THE HEARING BY SAID BOARD OF APPRAISERS WHEREAS, on November 10, 1988, the Planning and Zoning Board approved and adopted the Bessett Reservation Plat, which Plat shows the location of the lines of a street anticipated to be laid upon the lands described thereon; and WHEREAS, said Board did further recommend to the Council that the lands described upon said Bessett Reservation Plat be reserved for future acquisition for public street purposes until December 31, 1993; and WHEREAS, pursuant to Section 31-23-220(1), C.R.S., the City Council may, by resolution, approve and adopt such Plat, and if approved, shall fix the period of time for which the street locations shown upon the Plat shall be reserved for future taking or acquisition for public use; and WHEREAS, the Council has, after hearing, determined that it is in the best interests of the citizens that said Plat be approved and adopted and that the location shown upon the Plat be reserved for future taking or acquisition for public street purposes in order to expedite the acquisition by the State of Colorado of undeveloped right-of-way for the future Fort Collins Expressway. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Bessett Reservation Plat, approved by the Planning and Zoning Board on November 10, 1988, is hereby approved and adopted. Section 2. That the street locations shown upon the Plat shall be reserved for future taking or acquisition for public use until December 31, 1993. Section 3. That a board of three (3) appraisers be established, which Board shall consist of the following persons: • • • and that said Board shall hold a hearing upon the amounts of compensation to be paid for such reservation, said hearing to be held at 1:30 p.m. on January 5, 1989, in the City Hall (West), 300 LaPorte Avenue, Fort Collins, Colorado. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 15th day of November, A.D. 1988. ayor ATTEST: City Cler ITEM BESSETT RESERVATION PLAT •NUMBER BESSETT RESERVATION PLAT PORT OF THE RE°zAT N'_ l CF EyE�REEN °ARK—SITIIA7c iu c TOWNSRIP�NQRTH gANQ�_Q9 WEST OF TH�fiTH PM., CITY OF FORT 0 LINS--�� COUNiI OF LARIMER STATE OF COIORADO Lq' a Z. s•ua' SGnnc� sr•[c[ �:�'� CIT'v OF FORT COLLINS, COLORADO ENUNEERINC Tnvmrl� fC�ti.-- I iooc-lC�1[it0� I ear[.M I wgneg � _m.s N IM[II 01 - • • Itiy ice---•'�=r:y �_��;,�r� � �� a�� ,� �_ — ..� -�•• _ �, —_'� r+•i�e-.II Y: I�•r-•L.>■-r" ,"�II: •�7^ti•},/j./ �.`,� !`�� t .y1 +�`° \f� I:, �7 !•I 1 /j ',' r I +— .'�`�..n.: ��.:..i~ n�l +,:III `•'�' i 1r•r� %^� --:�'S L .� I j I � � �::..,, �i ` � Yt. :r;` US.2&7rCvllAge jZVle ��n � - _■ '•li'• t : �� . r:... -u. �.e� : `}tY It , � + LL.G�: ✓ /�. �r \'� ! i It r j ;US 13$71'77-1 . 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