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Home My WebLink About089 - 08/07/1979 - AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH RICHARD V BORCHERT AND THOMAS G DOROUGH, A COLO ORDINANCE NO 89 1979 BEING AN ORDINANCE OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY TO ENTEP INTO AN AGREEMENT WITH RICHARD V BORCHERT AND THOMAS G DOROUGH, A COLORADO PARTNERSHIP PLPCING LIMITATIONS UPON THE PROSPECT LEMAY OFFICE PARE. REZONING WHEREAS, heretofore, Richard V Borchert and Thomas G Borough, a Colorado partnership, have requested the City to chance the zoning classification for property described on Exhibit A of the agreement attacned nereto as Exhibit B, frum "R-L", Low Density Zoning District to "R-H", High Density Residential Zoning District, and WHEREAS, in approving said zoning the Council of the City of Fort Collins has deemed it appropriate that certain restrictions be placed upon the use of the subject property, and WHEREAS, the owners of the sdbject property agreed to these requested use restrictions, all as set forth in the agreement, a true copy of which is attached hereto as Exhibit B NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FOPT COLLINS as follows Section 1 That that certain agreement between the City of Fort Collins and Ricnard V Borchert and Thomas G Dorough, a Colorado partner- ship, a true copy of which is attaches hereto as E-n bit B oe, and t^e soire Hereby is, approved Section 2 That the City Manager be, and he hereby is, authorized and directed to execute said agreement on be`ialf of the City of Fort Collins Introduced, considered favorably on fist reading, and ordered pub- lished this 17th day of July, A D 1979, and to be presented for final passage on the 7th day of August, A D 1979 M „ 7T ity Clerk Passed and adopted on final reading s ust, 1979 P r PTTEST i fitu f ark ! i! i , 5 w t r ♦ r 1/"af s _ AGPEEMENT THIS AGREEMENT, made and entered into this day of , 1979 , by and between THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to as the "City", and RICHARD V BORChERT and THOMAS G DOROUGH, a Colorado partnership, hereinafter referred to as the "Owners" - WITNESSETH WHEREAS, the Owners are owners of property in the City described in Exhibit A. attached hereto and by this reference made a part hereof, and WHEREAS, the Owners have petitioned the City to change the zoning classification for such property from "R-L", Low Density Residential, i to the "R-H", High Density Residential zoning district, and WHEREAS, the owners desire to develop the subject property for medical and dental clinics and professional office uses, and WHEREAS, the aforementioned development of the subject property would be justifiable and a desireable use of the property if it were limited to those uses so as to be compatible with adjacent residential areas WHEREAS, the "R-H", High Density Residential District would allow the above-mentioned medical , dental and profesional office uses, but would also allow many other uses, and WHEREAS, the City would be reluctant to rezone the subject property to the "R-H" , High Density Residential Zoning District for any uses other than those specified above since the need in the area is for such uses and since other uses permitted in the "R-H" , High Density Residential zoninq district could have an adverse impact on neiqhboring residential areas as dell as on the traffic flow of adjacent arterial streets, and {r ^ 'r'� ,� �r + .. \ t4-" V {. _ Y -• '� � sS�S f ti \Lir �3 ayla� `' WHEREAS, the City would be reluctant to rezone the subject property to the "R-H" , High Density Residential zoning district were the property not to be developed as a Planned Unit Development as that term is defined in the Code of the City of Fort Collins since such development could have an adverse impact upon adjacent residential properties, and WHEREAS, the Owners have agreed to limit the use of the property proposed to be zoned "R-H" ,High Density Residential Zoninq District to those specified above, and have further agreed to develop said property as a Planned Unit Development as that term is defined in the Code of the _ ^r City of Fort Collins »� = NOW, THEREFORE, in consideration of the mutual covenants and obli- gations herein expressed, the parties hereto agree as follows The owners understand and agree that although many different uses are allowed in the "R-H", High Density Residential zoning district, the subject property which they are proposing be rezoned to "R-H", High Density Residential zoning district shall be limited in use as follows A Medical and dental clinics B Professional office uses as that term is defined in the Code of the City of Fort Collins C The owners understand and agree that the subject property will be developed as a Planned Unit Development, as that term is defined in the Code of the City of Fort Collins No other uses, whether or not such uses are permitted by law in the "R-H" , High Density Residential zoning district shall be permitted on the subject property This agreement shall be valid and enforceable only if the requested rezoning from "R-L", Low Density Residential to "R-H", High Density Residential zoning district is approved the City Council of the City of Fort Collins -2- b �hl=J n+_;k r Y� t 1 ` ' z .`n� ..S � �x�•z + _ ... 7 � I 1 This agreement snall run with the land and snall be binding upon all future owners, their heirs, their representatives, successors and assigns IN WITNESS WhEREOF, the parties hereto have caused this agreement to be entered into the day and year first hereinabove written THE CITY OF FORT COLLINS, COLORADO, ATTEST a municipal corporation 1 N ♦ �. f ih� t- By =- City Clerk City Manager �w ~, RICHARD V BORCHERT AND/OONIAG DOROUGH, a Colorado partnership By Ti le L ti-e,c F7' J ` y - -3-