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HomeMy WebLinkAboutPETERSON ANNEXATION & ZONING - 54-02B - CORRESPONDENCE - (3)U4/19/UU WED 10:17 FAI 9705778989 LEBSACS & ASSOCIATES 10003 properties in the GMA as expeditiously as possible. Because the County will require you to sign an annexation agreement for the Streamside PD upon final plat approval, by annexing the Peterson MLD site, we have the ability to annex the Streamside PD site sooner rather than waiting until an uncertain date in the future when the Peterson MLD site develops. For clarification purposes, I'd like to go over how the change of jurisdiction would affect Streamside PD in the scenario where it obtains its final plat approval in the County, is then annexed very shortly thereafter, and then has the building permits issued by the City. The Development Agreement between the developer and the County is basically inherited by the City upon annexation. Any permits that were issued by the County before annexation would finish out their building Inspection and C.O. process with the County, and any lots that had not yet obtained a building permit prior to annexation would have their permits issued by the city. The City would, upon annexation, honor the County final plat approval, however any future development of the property would be subject to City of Fort Collins review. We would be glad to have all this specked Clearly in the Streamside PD development agreement and have the City be a party to the Development Agreement in order to solidify the terms of the change of jurisdiction. Pease see the attached comment letter to County staff clarifying our pos tion r ogarding comments for the Streamside PD, and most importantly, the clarification of how the Peterson MLD annexation is required as part of the Streamside PD approval process. rSincerely, �+ Troy J rise, Cil/X/Pllaanner fit Fort Colt ns t CC: John Fischbach, City Manager Greg Byrne, Director of Fort Collins Community Planning and Environmental Services Ron Phillips, Director of Fort Collins Transportation Services Paul Eckman, Deputy City Attorney Cameron Gloss, Director of Fort Collins Current Planning Cam McNair, Fort Collins City Engineer Dave Stringer, Supervisor of Fort Collins Development Review Engineering Larry Timm, Larimer County Planning pirector Russ Legg, Larimer County Chief Planner David Karen, Larimer County Planner Michael Chalona, Land Images 04/19/06 WED 10:16 FAX 9705778989 LEBSACH & ASSOCIATES IM 002 Community Planning and Environmental Services Current Planning City of Fort Collins January 17, 2002 Duane Lebsack 5637 Hummel Lane Fort Collins, CO 80525 Dear Mr. Lebsack: This letter is in response to a development application referred to the City for comment from the Larimer County Planning Department referred to as Streamside PD. We find that the entire Streamside PD and Peterson. MLD site is eligible for annexation under our IGA with Larimer County. The infrastructure essential to Streamside is on Peterson; It's functionally a single development site. However, we understand that you would most likely not want to delay the approval of the Streamside PD to wait for the annexation process to be completed. We offer a win -win solution that would avoid that. In this win -win scenario, as a part of the Streamside PD approval process with Larimer County, you would sign an annexation agreement for the Peterson MLD site that gives the City Clerk power of attorney to petition annexation, on behalf of the land owner. Following approval of Streamside, the City of Fort Collins will apply for, file the petition and process the annexation of the Peterson site without you needing to do anything. Once the Peterson site is annexed, Streamside would then also be eligible for annexation. Following approval of the Streamside PD by the County, you would apply for building permits from the County until the Streamside property is annexed. Following annexation, the City would issue permits for any lots that had not yet obtained a building permit through the County. The City of Fort Collins would honor the County's final plat approval. The City of Fort Collins would process any further development applications. We understand that the County Planning Staff and/or the County Commissioners may disagree with the City's interpretation that the annexation of Peterson MLD is a requirement as part of the proposed Streamside PD, but you should be aware that we are confident enough in our interpretation of the appilcaLle standards that wa will make a very Wong case a the 6-.ear inns throughout the approval process. This might include City Council members coming to the County Commissioners hearing to testify on behalf of the City's position. In the event you don't want to sign the annexation agreement for the Peterson MLD site, and the County agrees with the City's findings that the annexation of the Peterson MLD is a requirement, the burden to annex the Peterson MLD site would be yours. In this alternative, you would need to pay the $1.188 development review application fee, hire an engineer to draw the annexation map, prepare the annexation petition. and submit all required annexation application submittal requirements. Such annexation process of the Peterson MLD site may or may not be required to be finalized prior to final plat approval of Streamside PD. Both the Peterson MLD site and the Streamside PD site are in the Fort Collins Growth Management Area (GMA); therefore, we want them to be in the City as soon as possible. The Fort Collins City Council has given City staff clear direction to pursue the annexation of eligible M1 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 04/19/06 WED 10:16 FAX 9705778989 LEBSACB & ASSOCIATES • RJ 001 P.O. Box 469 Estes Park, Colorado 80517 Office/Fax: 9 70-5 7 7-8989 FAX TRANSMITTAL DATE : ^/ — / TO:. p�E>�� COMPANY: FAX NUMBER: FROM:,P� Brokerage t Development TELEPHONE NUMBER: 070=�7?-8989 FAX NUMBER: 970-577_R9R THERE ARE _ PAGES IN THIS TRANSMISSION, INCLUDING THIS COVER PAGE. / COMMENTS: �f�r/� / �� i s nc�f ��� leAr SHOULD YOU HAVE ANY PROBLEMS IN REGARD TO THIS FAX, PLRASE CALL [570-577�-8985 ] . NOTE: THIS FACSIMILE TRANSMISSION IS INTENDED ONLY FOR THE ADDRESSEE INDICATED ABOVE. IT MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL, OR OTHERWISE PROTECTED FROM DISCLOSURE. ANY REVIEW, DISSEMINATION OR USE OF THIS TRANSMISSION OR ITS CONTENTS BY PERSONS OTHER THAN THE ADDRESSEE IS STRICTLY PROHIBITED. W. Duane Lebsack, Red Erkft aroker/DemloW