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HomeMy WebLinkAboutFOX MEADOWS BUSINESS PARK - Filed GC-GENERAL CORRESPONDENCE - 2003-11-28CITY OF FORT COLLINS OFFICE OF DEVELOPMENT SERVICES, PLANNING DEPARTMENT March II, 1988 Mr. Bill Tiley University Realty Inc. 2839 S. College Avenuc Fort Collins, CO. 80525 Dear Mr. Tilcy: This letter is to serve as a confirmation of our meeting of March 8, 1988 attended by yourself, Jim Faulhaber, Mike Herzig, and myself. One of the primary issues related to the proposed Fox Meadows Business Park Subdivision (#8-82C) is the location of the curb cut that lies in between the intersection of Horsetooth Road and Timberline Road, and the alignment of old Bighorn Drive. It is difficult for Development Services to evaluate and ❑pprove of this curb cut without the benefit of a land use plan that indicates a level of traffic generation. A land use plan, as shown on a preliminary P.U.D., would serve as a starting point for a traffic impact analysis. Such a traffic impact analysis would determine traffic generation based on the amount and type of proposed uses (commercial, office, multi -family). This information would allow staff to review the proposed design of the curb cut as well as the length of the deceleration lane. It is staff's intent: to allow you to construct the public improvements for Fox Meadows Business Park at the earliest possible time. With a preliminary P.U.D. that shows proposed land uses, and a final plat that indicates all dedications and casements, and a final utility plan for the public improvements, you would then be eligible to begin work on the public portion of the project only. At this point, the Development Agreement would pertain to the public improve- ments only and not the private portion of the site. In addition, staff would OFFICE OF DEVELOPMENT SERVICES, PLANNING 300 LaPorte Ave. • P.O. Box 580 • Fort Collins, Colorado 80522 • (303) 221 3750 Mr. Gary Diede, City Engineer City of Port Collins July 31., 1989 Page 2 that the selection of this alternative would result in a very unattractive appearance for this street which is becoming more and more important in the City. If this alternative is used, one can confidently predict that after the area is fully developed, there will be significant complaints from both the property owners on the street and the general public which travels the street. For this reason, it is hoped that none of the owners who are developing these properties on Timberline Road will select this alternative. The other alternative presented was for the City to allow the developers and property owners to improve the excess right-of-way in a traditional manner with bluegrass, trees and similar Landscaping and to maintain and irrigate this landscaping. ,this will require that the developers and owners expend additional funds to improve these areas within the excess right. -of -way which the City is requiring at this time, and also that the owners irrigate and maintain this area. Since it must be contemplated that the City will ul.timaLely install the additional lanes in the road over this right-of-way, it will still be necessary to set the improvements back on the lots, and, therefore, this area wi I I really be an inconvenience as wel i as an additional expense to the property owners. However, if this alternative is selected, the streetscape along Timberline will be much more attractive. This will. benefit both the City as a whole and the ultimate owners in this area. After the meeting at City Hail, Bill Ti_l_ey and I met further and explored various possibilities. Based upon our discussions, l propose an arrangement which I believe is satisfactory to my client and should also meet the objectives of the City better than either of the two alternatives which were presented to us. This proposal_ consists of the following elements: a. The City must complete purchase of the additional ten foot strip for inclusion in the Timberline right-of-way. We anticipate that this purchase will be at two dollars ($2) per square foot which is substantially below comparable sales in Fort Collins. b. Mr. Tiley's group, as the developers of the Fox Meadows property, wi.11_ landscape the unused portion of the right-of-way between the curb and the property line. The landscaping will consist primarily of Mr. Gary Diede, City Engineer City of Fort Collins July 31, 1989 Page 3 Kentucky bluegrass with some trees and other materials. A sprinkler system will be installed to provide irrigation for the landscaping. C. initially, Mr. Tiley's group will assume responsibility for maintaining the landscaping. As parcels are sold and developed, an owners' association will be established which will assume responsibility for maintaining the landscaping. This association will assess the costs which it incurs against owners of property in the area. We recognize that the City is now considering proposals for establishing maintenance districts. If these proposals come to fruition, we would contemplate that such a maintenance district will be formed and take over the maintenance obligations. d. We request that the City participate in the cost of installation and maintenance of the landscaped areas. We suggest that the City's contribution be an amount equal to the difference between planting native grass and bluegrass plus the cost of installing the sprinkler system. We feel that over the time this landscaping will be in place, the amount which the City is requested to pay will fairly represent the cost which the City would expend if it put in the landscaping which it proposes and maintained that landscaping. e. The City must immediately proceed to make the necessary amendments to the sign code so that signs can be placed in the right-of-way. We hope you will consider this proposal, which we feel could become a prototype for developments on this street and also in other areas where restricted access from arterials has resulted in a no-man's land along the street right-of-way. We feel that both the property owners and the City will benefit significantly if this proposal is adopted and accepted by the owners who develop property along this 'Timberline right-of-way. As you know, Mr. Tiley has been trying to develop this street For some time, but has been held up because of the City's failure to make a decision on the design for this road. Ile has already lost: one prospect because he. could not get the street work under way. lie now has anot.her prospect for some of this Mr. Gary Diede, City Engineer City of Fort Collins July 31, 1989 Page 4 property and would like to start the street work as soon as possible. Accordingly, [ will appreciate an early response to the above. l will be out of my office from August l to August 14. Lucia lA ley is familiar with this matter and you can contact her during my absence. Sincerely yours, MARCH & MYA P.C. fj By: A. E. March, r. AEM/mrc pc: K. Bill Tiley Message. Subject: TIMBERLINE SIGNS Sender: Gary DIE➢E / CFC52/01 TO: Mike HERZIG / CFC52/01 Part 1. FROM: Gary DIEDE: / CFC52/01 TO: DISTRIBUTION Fart 2. Dated: OB/01/89 at U847. Contents: 2. BASED ON A MEETING WE HAD YESTERDAY., IT WAS DECIDED THAT WILL_ RECEIVE RIGHT - OF WAY DEDICATION AND EVEN PURCHASE RO.! ALONG TIMBERLINE, THEN DEED BACK A SMALL. PIECE TO THE OWNER WITH A REVERTER TO THE CITY AT THE TIME TIMBERLINE IS WIDENED TO A FULL 6 LANE ARTERIAL. THIS SMALL DEED BACK PIECE WILL BE USEI TO PUT UP BUSINESS SIGNS AT THE NORMAL DISTANCE FROM THE BACK OF WALK, PATHEF THAN AN ADDITIONAL 34 FEET DUE TO OUR DECISION NOT TO BUILD TIMBERLINE TO THE FULL_ 6 LANES AT THIS TIME. THIS WILL SOLVE A PROBLEM OF SIGN PLACEMENT FOR THE NEXT 15 TO 20 YEARS UNTIL TRAFFIC WARRANTS WIDENING TIMBERLINE. WE NEED TO USE THIS METHOD ONLY ON THE SIDE WHERE THE: ROAD IS SET IN FROM THE ULTIMATE ROW LINE. THE ROAD MAY HAVE TO BE SET IN ON ALTERNATING SIDES DUE TO CONSTRUCTION OBSTACLES. IT IS INTENDED THAT THE DEED WITH A REVERTER WILL FOLLOW THE TITLE TO THE PROPERTY, SO THAT THE CITY WILL NOT HAVE TO PAY ANY ADDITIONAL AMOUNT FOR ROW NEEDED FOR THE ROAD WHEN IT IS WIDENED IN THE FUTURE. IT WOULD ALSO BE M`r PREFERNCE THAT THE SIGN BE MOVED AT THE OWNERS EXPENSE WHEN THE CITY REQUESTS IT AT THE TIME. OF ROAD WIDENING. THE FIRST USE OF THIS SITUATION WILL PROBABLY BE WITH BILL REYNOLDS AT FOX. MEADOWS NEAR HORSETOOTH AND TIMBERLINE:. End of Item 2. Intray Message. Subject: Tiley Dispute Sender: Steve ROY / CFC/01 TO: Gary DIEDE / CFC52/01 Part 1 FROM: Steve ROY / CFC/01 TO: Gary DIEDE / CFC52/01 CC: Mike DAVIS / CFC52/01 Paul ECKMAN / CFC/01 Marc ENGEMOEN / CFC52/01 Rick RICHTER / CFC52/01 Part 2 Dated: 10/05/89 at 1459. Contents: 2. Lw-rl � 1-k-'e In your absence, Paul and I met with Art March and subsequently with Marc Engemoen and Rick Richter to discuss the ongoing dispute about the right-of-way that Mr. Tiley apparently wants to dedicate in exchange for the right to construct improvements to Lemay Avenue adjacent to his property. As I understand the situation, his request is being made in advance of any approved PUD. If so, we have no obligation to permit him to make any improvements in the public right-of-way but, if he pursues his PUD, our right to impose dedication requirements will be limited to obtaining only that right-of-way which is reasonably necessary to offset the cumulative impacts of his development. The practical question is whether this scenario, if it comes to pass, will leave us in a position of having to condemn and pay for more property than is presently at issue. Art March's request is that we take another look at his client's proposal to divide the coast of installing a sprinkler system within that portion of the dedicated right-of-way which will not be needed in the near future for road improvements. (Apparently, the other part of the dispute has to do with the fair market value of that property.) My recommendation is that their proposal be reconsidered in light of the alternative of condemnation and that the relative costs be weighed. Art has been chomping at the bit on this and threatening to sue us. In fact, he has advised me that his client intends to undertake construction of the street improvements immediately, notwithstanding the dispute about the right-of-way. I promised Art that I would give him an answer on Monday, as soon as you got back. Please give me a call so that I can do that. Steve End of Item 46. Intray > ARTHUR E_MARCH, �R, RAMSEY 0] MYATT ROBERT W. BRANOES, JR, RICHARD S. GAST LUCIA A. LILEY J. BRADFORD MARCH 41NDA S. MILLER HAND DELIVERED Mr. Steve Roy City Attorney 300 West LaPorte Ave. Ft. Collins, CO 80521 MARCH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW I'D EAST OAR STREET FORT COLLINS, COLORADO 80524-2880 13031 462-4322 TELECOPIER (303) 482-2962 October 6, 1989 RE: K. Bill Tiley/Fox Meadows Our File No. 5332.3 Dear Steve: RPC �l�'� OCT 0 6 1989 MAILING ADDRESS: P.O. BOX 469 FORT COLLINS, CO 80522 This letter pertains to the request of Bill Tiley with relation to the improvement of Timberline Road adjoining the property belonging to Fox Meadows II Partnership. As you know, the plans and specifications for the street improvements have been approved by the City, but we have disagreements with regard to the City's request for street right of way. You have been unable to respond to our requests because of the temporary absence of some of the City personnel. Since Mr. Tiley needs to get these street improvements in place this year, it is necessary to go ahead with the construction work immediately in order to complete the installation before bad weather sets in for the winter. Accordingly, I advised you that Fox Meadows intended to go ahead and install the street improvements in accordance with the approved plans. You advised me that the City would not approve such installation nor would it give any repays in connection with the road improvements unless the right of way on which the improvements were Located was dedicated to the City. In view of this, Fox Meadows has agreed to dedicate a right of way which will include the land on which the street improvements will be installed. I have requested a description from Stewart and Associates for this right of way and will provide the deed of dedication as soon as that description is available. Based on my understanding of our agreements, Bill Tiley has ordered the work done. Sincerely yours, /J MARCH & . E. AEM/mrc pc: K. Bill Tiley Develo, ent Services Engineering Department City of Fort Collins M E M O R A N D U M DATE: November 30, 1989 TO: Steven Burkett, City Manager 1 THRU: Gary Diede, Director of Engineering FROM: Mike Herzig, Engineering Development Coordinator RE: Fox Meadows Business Park - Amendment to Development Agreement Attached for your signature is an Amendment to the Development Agreement for Fox Meadows Business Park. Please forward the signed agreement to the City Clerk for further processing. You may recall that Steve Roy, Gary Diede, and I met with you a couple months ago to discuss the issue of widening Timberline Road to an interim four -lane width street, yet asking the developer to dedicate right-of-way for the ultimate six -lane width street. The developer, Bill Tiley, was being represented by Art March. Steve and Art thought that the City could only require dedication to accommodate the interim improvements. We wanted the full dedication so that in the future the City could widen the street to conform with the Master Street Plan width. As outlined in the agreement, the developer shall dedicate the full width of right-of-way and be paid $21,700 upon dedication. I should note that the payment is for 10' of extra right-of-way needed because of the centerline shift. The other item agreed upon was compensation to the developer for landscaping the extra right -of -Hay width and maintaining it until the street is widened. The City will pay the developer $11,300, a one time payment as its share of these costs. If you have any further questions, please let me know. GD/MH/ltg Attachment 100 LaPorte Avenue • P.O_ Box 380 • Fort Collins, CO 80522-0580 • (303) 221-660� add language to the Development Agreement stating that all work would be done at your own risk due to the fact that the final P.U.D. would not have been approved at this point. Staff anticipates that a final P.U.D. would follow the preliminary when tenants and uses are committed. At the final P.U.D. stage, another final utility plan for the private portions of the site would be required as well as another Development Agreement. It would not be necessary to submit another plat since this would have been done at the preliminary P.U.D. stage. The issue of the width of the curb cut at the old Bighorn Road alignment would have to be, resolved at the preliminary P.U.D. stage in order to have a final utility plan for the public improvements. I strongly encourage you to coordinate the storm drainage issues with Glen Schlueter of the Stormwater Utility. The more issues that can be resolved at the preliminary P.U.D. stage, the greater the feasibility of the final approval. Because of the requirement for a preliminary P.U.D., traffic impact analysis, and final utility plan for the public improvements, I will pull the subdivision request off the March 28, 1988 Planning and Zoning hearing. The next avail- able submittal date is April 5, 1988 for the May 23, 1988 Planning and Zoning Board hearing. Please feel free to set up an appointment if you would like to have a pre -submittal conference. Keep in mind that a preliminary P.U.D. must go through the conceptual review process and a neighborhood meeting will be required. I will need approxi- mately two to three weeks notice to set up a neighborhood meeting. This letter describes my understanding of our meeting on March 8, 1988. Please call if there are any questions or concerns. Sincerely, Ted Shepard Project Planner cc: Joe Frank, Assistant Planning Director Mike Herzig., Development Coordinator Rick Ensdorff, Transportation Director _ Glen Schlueter, Storm Drainage Engineer Phil Robinson, Stewart and Associates f Develop nt Services Planning Department City of fort Collins Octobcr`�5, 1988 Mr. Lin Johnson 3819 Caribou Drive Fort Collins, CO. 80525 Dcar Mr. Johnson: 1 would like to take this opportunity to update you and Mr. Welch on the discussions within the City regarding the possible 39' x 88' dedication from American Continental Corporation to the City of Fort Collins (part of Lot 17 Block 10 of the Fox Meadows Subdivision). Over the last several days, I have talked to the Parks and Recreation Department, the Stormwater Utility, and Street Maintenance on an informal basis to gather ideas, concerns, and com- mcnts. The concern of the Parks and Recreation Department is that the potential dedication does not represent an area large enough to provide the type of recreational amenities that the Department feels would benefit the neighborhood. The goal of the P & R Department is to provide parks that arc large enough to accommodate multiple uses. Small, "pocket" parks arc provided where there is no available "neighborhood" or "community" park in the nearby area. In addition, as already mentioned, the P & R Department is negotiating to purchase land for a "neighborhood" park on the land east of the new elementary school. Neighborhood parks generally range from 7 to 15 acres. Examples include Rossborough, Troutman, Golden Meadows, Avery, Overland Trail, Green - briar, and Buckingham. These parks are funded by building permit Ices and are designed to provide multiple uses. The P & R Master Plan calls for a "neighborhood" park in every square mile section of the City. The concern of the Stormwater Utility is that the proposed dedication does not serve a drainage function and is not part of the Fox Meadows Drainage Basin Master Plan. As a result, maintaining the dedication would be difficult to justify to the Storm Drainage Board which is the citizen oversight board for the Stormwater Utility. in general, fees are collected and paid based on the justification that the fees are applied rationally to fulfill the mission of the collecting utility. The concern of the Streets Department is that the dedication is not a public street, per se, and does not benefit the community at large. The concern is that public funds would be used to maintain a benefit that is enjoyed not by the traveling public, but rather by the few immediate residents. In theory, this would confer an inordinate amount public benefit upon relatively few citizens and raises an equity issue. R 300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6750 As expressed in our previous discussions, the Streets Department is willing to maintain the bike path connection as it was purposely designed to mini- mize maintenance needs. Such maintenance would be in conjunction with maintenance on the Sunstone bike path in the 40 foot drainage dedication. In discussing the maintenance issues with the various departments, one sugges- tion was raised that should be passed along. In other neightvrhoods, such common -,-areas are typically maintained by an active homeowner's association. A fee is collected on an annual or semi-annual basis and a citizen board oversees the maintenance expenditures. All improvements and maintenance would be the responsibility of those private land owners who most immediately and directly benefit. Obviously, much work needs to be done to resolve the maintenance issue associ- ated with the proposed dedication. The City is open to ideas --that are workable for the various departments. Until the maintenance issue is resolved on a long term basis, the City would be reluctant to accept the additional dedication. The purpose of this letter is to update you and your organization on the preliminary discussions within the City and not to close the book on any particular solution. By informing you of the needs of the various departments, it is hoped that a more rational and thought provoking discussion will result. It is my intention to keep you informed of any new developments on this issue. Please feel free to visit, call, or write the Planning Department at your convenience to discuss the above issues. Sincerely, Ted Shepard ✓ City Planner cc: Paul Eckman, City Attorney jivlike .HerziQCity Engineer Peter Barnes, Zoning Administrator Leslie Beckman, Parks and Recreation Rodney Albers, Stormwater Utility Mick Mercer, Street Maintenance Mr. Thomas L. Welch, 2202 Coyote Place, Fort Collins, CO 80525 K IMEOW t or.; ; UNIVERSITY REALTY,INC, POST OFFICE BOX 471 FORT COLLINS, COLO. 80522 (303) 226-2211 October 11, 1988 Mr. Mike Herzig, Planning Engineer City of Fort Collins 300 LaPorte Avenue Fort Collins, Colo. 80521 Dear Mike: As Managing Partner of Fox Meadows I1, 1 wanted to express my appreciation for setting up this morning's meeting to try and clear away the various problems that have cropped up with this development over the past months. According to my notes, we had five or so items that needed attention. One, the sanitary sewer line which will be coordinated with the traffic department, as well as, the sewer department and as stated by the sewer department, they would pay for any boring if necessary. It was my understanding the traffic department, at this particular crossing, preferred the boring. Next, the storm drainage appears not to be any problem on our Timberline Road frontage, but had a minor problem at the extreme south end involving the diversion box with Bob Shields. Another problem area was the striping of the blacktop involving the traffic department and this was to be worked out with the department and our engineers. This, of course, is the last item to be done and so if there are any changes necessary as the road is being built, this could be rectified very easily. Further, you need the dedication of the right-of-way on the plat which our engineers are taking care of immediately. As you stated, you hope you could do this as speedily as possible, but that it would probably take a minimum of eight working days. If there is anything I can help you with to speed this along, let me know. Another concern is the development agreement which we obviously need to have in place. You mentioned that you r.ere going to start instigating a letter of credit for improvements and this is fine with Fox Meadows II. We will gladly obtain this for the City as early as needed. As mentioned, we plan to move as rapidly as possible to complete this whole project. I feel that Ruth Clear has a little better understanding of our situation after attending the group meeting. With the help of our engineers, I firmly believe we can resolve her concern with the tapering of the blacktop from our property southward on Timberline Road to the Wolf property. And finally, it was my understanding you would meet immediately with the City Forester so that our contractor, Kincaid Tree Surgery, can get approval to cut down the trees in the extreme near future. We also are commencing to do the grading that is permitted under the present City policy before a final agreement is signed. I hope this letter is nearly 100% accurate as to the understanding of what went on at the meeting. If you need to reach me, my October II, 1988 Page Two nuTber is 226-2211, and the Fox Meadows II office is located at 2839 South College Avenue, Suite 9. This is in the So -Fro Fabrics building. Sincerely, )11.� /. K. Bill Tiley I F{UC MEADOWS I I ac 1F Mr. Mike Herzig Development Coordinator City of Fort Collins P.O. Box 580 Fort Collins, Colo. 80522 Dear Mike: a A 989 UNIVERSITY REALTY.INC. July 13, 1989 POST OFFICE BOX 471 FORT COLLINS, COLO. 80522 (303) 226-2211 I am writing this as the Managing Partner of Fox Meadows II, A Colorado General Partnership. We own property at the southeast corner of Timberline Road and Horsetooth Road. The land fronts for one -quarter of a mile on Timberline Road. For approximately the last two years we have been trying to complete development on the approximately fifteen (15) acres. At first, we wanted to complete BigHorn and Timberline Roads without any interior development and that was not acceptable with your department. Next, we went through several engineering changes involving BigHorn. Then, some more changes on Timberline. Our engineering costs increased with each change. Finally„ after many indecisions and changes by various City departments, a Final Plan was settled on and a Preliminary was engineered and passed. Now I am .informed another indecision has been reached on Timberline Road. An eighty --eight (88) foot wide roadwav was engineered and now apparently it has been narrowed to seventy (70) feet. My understanding is that your department still wants the eighty-eight (88) feet dedicated to the City for future use. This leaves eighteen (18) feet of ground to the property line. We are looking at eighteen (18) feet for one -quarter of a mile. As you recall, you are taking seventy (70) feet from the landowners on the east side of Timberline Road, and the price has not been settled at this time. There are problems involved in this situation. Landscaping and maintenance of the area by which party and the cost involved are certainly problems. July 13, 1989 Page Two I am in the middle of a sales transaction involving some of this Timberline frontage and this event has turned things upside down. I request a hearing as soon as possible with your staff. My legal firm will be in attendance, along with a partner or two. My legal firm can meet on Monday, July 24, Tuesday, July 25, Thursday, July 27, or Friday, July 28, 1989. Can a specific day be settled on by Tuesday, July 18, so all of us can arrange our schedules sometime in advance? My number is 226-2211 and imy secretary is Angie. Sincerely, K. Bill Tiley, Managi g Partner FOX MEADOWS I I ac cc: Art March, Jr. Ramsey Myatt Rick Richter, Assistant Development Coordinator Tam Peterson, Head City Planner Ted Shephard, City Planner Rick Ensdorff, City Traffic Engineer ARTHUR E. MARC., JR. RAMSEY D. MYATT ROBERT W. BRANDES, JR. RICHARD S. GAST LUCIA A. LILEY J. BRADFORD MARCH LINDA S. MILLER MA13CH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW 110 EAST OAK STREET FORT COLLINS, COLORADO 80524-2880 (303) 482-4322 TELECORIER (303) 482-2962 July 31, 1989 HAND DGLTVER,GD Mr. Gary Diede, City Engineer City of Fort Collins P.O. Box 580 Fort Collins,, CO 80522 ARTHUR E. MARCH 1909-19BI MAILING ADDRESS: P.O. BOX 469 FORT COLLINS, CO a0522 RE: 'rimberli.ne Road adjoining Pox Meadows property. Dear Cary: 'i'his letter is written as a follow up to the meeting at City Hall on July 27 concerning the improvement of Timberline Road adjoining the Pox Meadows property. From the i.nformation we were given at, the meeting, Bill Tiley and T appreciate the need for the City to acquire the additional right-of-way at this time even though it may not now be needed. We also appreciate the City's current cash flow problems as they relate to oversized streets. We understand that the combi-nation of the cash flow problems and the lack of adequate traffic at this time to justify a wider road arc the reasons for the decision to not install the full road width now. We. also understand that only a seventy foot wide roadway will be installed at this time. Although future widening of this roadway on the east side is anticipated, the smaller roadway will be installed complete with curb and gutter on each side. This will result in a substantial area between the west i ine of the Fox Meadows property and the curb and gutter on the east side of the improved portion of the street. It appears this will amount to approximately thirty feet of land within the right -or -way, which will not be improved. Most of our meeting was spent discussing how this area would be handled. You advised that the City would assume responsibility for planting and maintaining the area, but that if this alternative. wore selected, the area would be planted in native grasses; 1itLle or no irrigationforfor the area would be provided and it would only be mowed two to four times a year. It is apparent