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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 Page 1 of 2 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 file://C:\Documents and Settings\slangenberger\Local Settings\Temp\GW}000O1.HTM 9/16/2008 Page 2 of 2 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 file://C:\Documents and Settings\sangenberger\Local Settings\Temp\GW}OOOOI.HTM 9/16/2008