HomeMy WebLinkAbout041 - 04/10/1979 - AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH JOSEPH LACONTE AND ROSE LACONTE PLACING LIMITAT ORDINANCE NO 41 , 1979,
BFING AN ORDINANCF OF THE COUNCIL OF
Ti-E CITY OF FORT COLLINS AUTHORIZING
THE CITY TO ENTER INTO AN AGPEFhSLNT WITH
JOSEPH LaCONTE AND ROSE LaCONTE PLACING
LIMITATIOP,S UPON THE LaCONTE-EAST -TUART STREET REZONING
AND PROVIDING FOR THE ABANDON',ENT AND WAIVER
OF A NON-COrIFORMING USE ENTITLEMENT
WHEREAS, heretofore, Joseph LaConte and Rose LaConte have requested
the City to rezone that certain property described on Exhibit "A," of the
Agreement attached hereto as Exhibit "B," from "R-L," Lot Density Resi-
dential District, to "R-P , " Planned Residential Zoning District, and
WHEREAS, in approving said rezoning, the Council of the Cizy of Fort
Collins has deemed it appropriate that certain restrictions be placed upon
the use of the subject property, particularly insofar as non-conforming
uses are concerneC, and
WHEREAS, Joseph LaConte and Rose LaConte have agreed to those re-
stricted use restrictions, all as set forth in the Agreement, a true copy
of which is attached hereto as Exhibit "b "
NOII, THEREFORE, BF IT ORDAINED BY THE COUNCIL OF THE CITY OF FOPT
COI LINS as follow;
Section 1 That that certain Agreei,ent between the City of Fort
Collins and Joseph L-"nnte and Rosc IaConte , a true copy of which ",
attached herr.to as Exhibit "B," be, and the same hereby is, approved
Section 2 That tie City tanager be, and he hereby is, authorized and
directcd to execute said Agreement on behalf of the City of Fott Collins
Introduced, considered fav-,rably on first reading and orde-ed pub-
lished this 27th day of tiarcn, A *197
be presented for final
passage on the loth day of April , A
vi �_ym_, ,'
+-^
Passe' and adopted on final rcaJina this loth day of April , A D
1979
ESI r
iyvC6 '
v w
EXHIBIT "B"
AGn'MENT
THIS AGREMENT, maue and entereu into this day of ,
1979 , by and between THE CITY OF FORT ceLL: P'C , CnL nRAnn a Nrrnirinal
Cot po, at,o^, 16ere,nafte refer red to as ' tire City , " and JOSEPr LaCONTE AND
POSE LaCONTE, husband and wife, hereinafter referred to as ' tire Onneis "
WITNESSETH
wHEREPS, ine Owners a e o"ners of prope"t, in the Cit " Oort Col ' ^
described on Exhibit "A" attached hereto and by this refe—ncr inane a part
hereof, and
VHEREAS, the Owners nave petitioneG tine C r Ly to Lllr TJyt, urtt emu- mq
classification for sqch property frion the "D-L," Lo.. De-s t,, Des de^till
District, to the ' R-P," Planned Residential Zoning District, az;
UhEREAS, the Subject property presently is utilized in part as the
site for a drive-in theatre, a non-conforming use ab tnat to m is defined
in the Zonhnq Code of the City of Fort Collins, and
WHEVAS, while it is appiopr late the pi onerty Le rani ied frc i V_
"R-1 ," lot, Density Fesidential Cistr ict, to the "R-P," Plapred Residert, ai
loninq Uistncct, it is noted that the City would be reluctant to rezone the
pr opci ly if the non-conforn inq use r cfer r ed to aho c r ` tc, continuc, it
being recognized that the continuation of toe non-confo, r y _so r jy vex
have an adverse impact on neighboring res 0ential areas as e ' a2 on tht
tr°Ffic flow on adjacent streets
NOW, THEREFOPE, IN' CONSIDERATION OF THE MUTUAI COVFN,NTS AND UBLIGA-
TIOV HEREIN EXPRESCED, it is agreed by aid betweer trie p,rtieb hereto as
fol loi s
Section 1 That the non-confor"iinn use status and entitlement for the
subject property, as set foitl above, is he eby abandoned, t%aiveo, ter-
minated, and otherwise extinanhsned, e,.cept that the present utilizar.lun of
the property as z site for a drive-in theatrehall be pernitted t , conLh-
nue for a period not to exceed fifteen (15) mcnth-
Section 2 Ihis frgrecTnot Shall be valho and enforceable oniti if
regrested zoninq from "P-1 ," Low Density R-sldential District, to "F -P,"
Planred Pesidential Zoring District , is apoiovpd by the Coun-rl of t P Citt,
of Fort Collins
1
• S
Section 3 This Agreement shall run with the land and shall be
bindinq upon all future owners, their heirs, representatives, successors
and assigns
IN WITNESS l'N17REOF, the parties hereto have caused this Agreement to
be signed this day of , 1979
CITY OF FORT C1)LLI A CUI-OP 400
A Municipal Corporat V-
By
City Mranage,
ATTEST
I. IIY LItrr,
JOSEPFI LaCO I
ROSE !_rrr KITE
APPPOVEU AS TO FORD'
City Attorney
-7-
EXHIBIT "A"
• A is cc} of 1c1U s'tL'az2 In %lie .SE '1/4 OT L('e "'a 1/4 of
Se.ti^Jn 24, To)+nshlp 7 No7Lh, Rage nj of t-e ect'
P.M , descrioeu as rol ions CoMn.Erl- 1 vy rnrner Clt
said SE 1/4 of the M4 1/4 and run thence S 00'07'30"
1262-4 feet along the East line of saie SE 1/4 of the Lu
174, thence N 71 *14' W 129 8 feet, thence r. 42`55 6 188 6
feet, thence N 64026' 0 116 2 feet, thence N 72`35' W 78 5
.�eety t�%i�� J 7J�JU, •i J7 U 1 tet, tnencE fA 010" 120in c :,it
a line per dl iel to the East l ine of said SE 1/4 of the h;:
174 1024 3 feet to the North line of cq
thence along ,aid North line N 89*56' E A86 6
less, to the point of beginn .ng