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Independence Relocation SNAFU inside the Connect Menlo Ordinance

From: domainremoved <Philip>
Date: Thu, 8 Feb 2018 13:27:29 -0800

Hello Menlo Park Council,


My family and I are local business and property owners in Menlo Park. I
have had our professional consulting business here for 35 years,
originally on Willow Road in starting in 1983. We purchased and
improved our facility at 115 Independence Dr in 1996 as a family
investment, turning it into a professional office building.


We put the property in contract to sell about a month ago and within 2
weeks the buyers cancelled the offer. This offer was substantial and
reflected our acre of land. We learned only yesterday that the Connect
Menlo ordinance has language hidden in it regarding "Independence
Relocation" and a required easement placed on four of us property
owners. See highlighted pp below for example language.


This currently has cost us millions of dollars in lost value. What is
the intent of taking away our property under eminent domain? When will
it be removed or does this require legal action?


16.45.100 New connections.

Proposed development will be required to provide new pedestrian,
bicycle, and/or vehicle connections
to support connectivity and circulation as denoted in the City Zoning
Map. These connections may be in
the form of either a public street or a paseo as denoted in the City
Zoning Map and are pursuant to the
standards in Section 16.45.120. Streets shall meet the requirements of
the adopted City of Menlo Park
street classification map in the General Plan Circulation Element.

(1) If the location of a new connection is split between
parcel/ownership, the first applicant must set
aside the required right-of-way through dedication or a public access
easement and bond for the
completion of the new connection, or reach agreement with the other
property owner(s) to allow
the first applicant to complete the entire new connection;

(2) If the location of a new connection is located on multiple
properties with the same owner, applicant
may move the connection up to 50 feet in either direction from what is
shown on the City Zoning
Map for enhanced connectivity, and/or other considerations, subject to
the review and approval of
the City's Public Works Director;

(3) For phased implementation of a development project, applicant must
show an implementation
plan for the new connection and the City may require a bond or right of
way dedication or public
access easement prior to the completion of the first phase;

(4) The land area dedicated for new connections in the form of public
streets (right-of-way) will be
subtracted from the total lot area to determine the site's Floor Area

(5) The land area dedicated for new connections in the form of paseos
will require a public access
easement (PAE). The area of the PAE is included in the total lot area to
determine the site's Floor
Area Ratio.


It seem completely reprehensible to insert this language into an
ordinance and hide it from the owners who it impacts. Please let us know
what is needed from us to address this problem.



Philip Bourgeois


(650) 326 0528 x 219

studiored <http://www.studiored.com/>


Received on Thu Feb 08 2018 - 13:30:52 PST

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