HomeMy WebLinkAboutWHITE - Filed GC-GENERAL CORRESPONDENCE - 2010-06-03- — __
Sheri Langenber�er - White Property Repay Clarification Page 1
From: Dean Klingner
To: bmarch@bmarchlaw.com; Jerry White
Date: Wednesday, October 01, 2008 2:00:43 PM
Subject: White Property Repay Clarification
Brad -
For the benefit of Dr. White, potential future owners of the White property and the City of Fort Collins, we
agreed that it would be a good idea to document our discussions regarding the recent subdivision of the
White property and the possibility and potential likelihood of a future repay assessment for the local road
portion (typical developers portion) of W. Harmony Road.
As we have discussed, the City Code gives the City the ability to assess a property owner the costs of the
local portion of adjacent road improvements (W. Harmony Road in this case). Broadly, the intent of this
regulation is to ensure that "development pays it's way" and as traffic and impacts are added to the City
streets as a result of development the associated costs are born by the developers and not the taxpayers
at large.
The Minor Amendment and Subdivision Plat have been approved with the acknowledgment that these
processes will not include a charge for local street improvements at this time.
Although it appears technically possible that the City could assess this repay for landscaping changes or
maintenance, the City has not typically done this in the past nor would we anticipate doing this in the future
as this would normally not be consistent with the intent of the repay regulations. It is my judgement that
the City would not assess a repay for landscaping projects or upkeep, typical and routine maintenance or
minor alterations to the building that do not significantly alter the footprint or intensity of the use. Note that
some of the these types of project may require some type of City review process (Building Permit, Minor
Amendment, etc.).
As we have also discussed, we do expect the remaining right of way to be dedicated upon future
demolition or moving of the existing building and there are many potential development scenarios that
would increase the intensity of the site sufficiently to warrant a repay (these requirements are allowed for
and detailed in the City Code).
Please let me know if you have additional concerns or questions.
Regards,
Dean Klingner
Dean Klingner, PE
Civil Engineer
dklingner@fcgov.com
(970) 221-6605
CC: Matt Baker; Mike Herzig; Paul Eckman; Sheri Langenberger; Ted Shepard
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Sheri Langenberger - White Sub
From: Sheri Langenberger
To: Brad March
Date: Tuesday, September 16, 2008 11:44 AM
Subject: White Sub
CC: Dean Klingner; Jerry White (hhp@frii.com); WPaul Eckman
Brad
After reviewing the changes that were desired to the development agreement we feel that it is
better/easier to not enter into a development agreement but just to rely on the Citys codes and
regulations regarding these items. Everything that we want to cover in the development agreement are
items that are provided for within the City codes and requirements. And rather than complicate this,
we can just rely on the codes and regulations as they are now and over time.
The items we were attempting to memorialize were:
Repay of the Harmony Road Improvements -
Section 24-95(c) of the City Code allows for the City to file for and collect a repayment of the local
street portion of a street built by the City adjacent to a property at such time as the property changes
use or is redeveloped. The City will be improving Harmony Road along the frontage of this property
and will have the right under the code to require the repayment of the local street portion of these
improvements in accordance with the code.
Dedication of the Row under the existing building -
At such time as Lot 2 redevelops and the existing building is moved or removed from the site the City
will require the row be dedicated so it is in line with the row that is being dedicated by the White
Subdivision and the developer will be asked to correct the substandard walk along this frontage. These
are items that are currently identified and allowed for by various sections of the Land Use Code and
other standards.
Storm drainage requirements -
Upon redevelopment the property will need to provide individual detention ponds or a separate Tract
for a combined detention pond to serve both lots. The land owner shall obtain the City's approval prior
to any changes in grade elevations and/ or storm drainage facility configuration within the drainage
easement and on the property. They are also responsible for obtaining a Floodplain Use Permit from
the City prior to commencing any construction activity with the Mail Creek Floodplain Limits. The
land owner is also responsible for the maintenance of all storm drainage facilities that are within the
drainage easement.
Maintenance Guarantee and Repair Guarantee -
The City is planning on constructing improvements along Harmony Road adjacent to this property
(West Harmony Road Improvement Project). The Developer shall not be responsible for the 2 year
maintenance guarantee as identified on the plat for the improvements built by the City. This does not
in any way absolve the Developer of responsibility for maintenance, repair and snow removal for the
improvements as identified within the City Code or the Developer's responsibility for providing the
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maintenance and repair guarantee for any improvements installed by the Developer as are required by
the Land Use Code.
A minor amendment request was submitted into the City in 2002 to change the use of the existing
building on Lot 2 to a retail use (zoning file # 37-02). This minor amendment was approved with
various conditions, one of which was to have a plat fled for the site as it is currently unplated
property. At the time that the plat is filed that condition will be met. It is our understanding that this is
the developer's primary purpose for the White Subdivision.
Whenever 3 copies of the signed plats can be provided they will be processed and recorded.
Sheri
Sheri Langenberger, P.E.
Engineering Development Review Manager
City of Fort Collins, Engineering Dept
970-221-6605
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