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HomeMy WebLinkAboutFOSSIL LAKE P.U.D. - PRELIMINARY - 33-01D1 - LEGAL DOCS - LEGAL DOCUMENTS(,Xc� PROPERTY DESCRIPTION A parcel of land being part of the Northeast Quarter (NEI/4) of Section Twenty (20). Township Six North (16N.). Range Sixty—eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.). County of Lorimer. State of Colorado and being more particularly described as follows: BEGINNING at the Northeast Corner of said Section 20 and assuming the East line of said NE1/4 as bearing South 01 43'04" East a distance of 2662.69 feet with all other becrings contained herein relative thereto: THENCE South 01 43'04' East along said East line a distance of 2662.69 feet to the East Quarter Corner of said Section 20; THENCE South 87 24'14' West along the South line of said NEI/4 a distance of 2374.74 feet to the Southeast Corner of that parcel of land as described as the ?exception for a reservoir site and right—of—way for ditch amounting to 24 acres? in Book 1124 on Page 207 as recorded September 7. 1960 in the records of the Lorimer County Clerk and Recorder (LCCR); Thence long the Easterly and Southerly lines of the aforesaid parcel of land by the following Five (5) courses and distances: THENCE North 38 26'46" West a distance of 329.49 feet: THENCE North 02 11'46' West a distance of 1502.00 feet: THENCE South 81 41'46" East a distance of 370.00 feet; THENCE North 69 44'14" East a distance of 429.00 feet: THENCE North 12 09'14_ East a distance of 859.00 feet to the North line of said NEI/4: THENCE North 87 19'02 East along said North line a distance of 1607.25 feet to the POINT OF BEGINNING. Said parcel of land contains 138.884 Acres. more of less (y). �TIMCAT10N AND APPROVAL SiAI'E. 1, the N cit men by these Presents that Everilns LLC the Northwest Quarter of Section 16, all In Townshipbeanq the owner(s) of that port of the Section Caloraao, being more Particularly deeeribed as follows,8 Narth, Range 88 West of the 8th P.pt„ County Part of to —wit: y .of Larirner, A parcel of toed being port Of Section 9 and Pert of the Northwest Quarter of Section 18, Range 88 West of the 8ih P a1., County of Lorimer, Stots of Colorado and oefng more particularly O follows to Township 8 North. described as Ccrnmencing at the ''Nest Ouarter Corner of Section 9 1/4) of said Seatlen 9 to bear North 00'02' 23" dntl considering the Nest Ilse of the -Northwest being the True Point of 9aginning; Thanes along the st with oil of thren sold NW contained 1 /4,hereinorth relative 02' thereto; SolQuarter tl W distance of 1869.44 feet; Paint Thence South 87' 37' 07" Thence North East, a distance of 1032.80 lest: sold Section 9;; East e 02' 53" East, o distance of 773.91 feet to the North line of the NW 1/4 of Thence along said North line South 87' 57' 07' East. a distance of 1599.50 feet to the North Quarter Comer of said Section 9; Thence along the East line of said NW 1/4, South Do' 03' 130 West, a distance o! 2357.OB feet; Thence North 88' 02' 40- West, d dlatencs of 1252.8a feet; Thence South 0000 3' 15" West, a distance of 282.47 feet to the South line of the NW 1/4 Thence South 51' 28' 18" East, a dlstcnce of 981.47 feet; Thence South 00' 03' 15' of said Section 9; Thence South 50' 37' 35" East a distaancence � 1033,88 feet; Thence South 07' 23' 00" West, a distance of 185.00 feet' 258.37 fact, Thence South 23' 42' 00" East, a distance of 138.CC feet', Thence South 13' 58' 00" Wool. o dlstcnce of 370.00 foot: Thence South 04' Y8' 00" West, a distance of 212.00 feet: Themes South 01 *aid 08' 00" West, a distance of 235.59 feet to the South line of the said Section 9; Themes along sold South line, South t. 05' 35" East, a Jlstance of 21.38 feet; Thence South $9, 68'14' 00,, West, d dlatance of 141.34 feet: Thence South 69' 10' 00" West, a distoncs of 291.00 feet; Thence South 89' 03' 00" West. o dlstcnce of 399.00 feat; Thence South 23' 03' 00" West• a distance of 225.00 feet; Thence South 11. 13' 00" East a distance of 231.00 feet: Thence South 33' 26' Thence South 86' 000" East. a distance of 230.00 teat; e' 00" east. a dlatance of 290.00 feet; Thence South 79' 13, DO" 273 ' East a distance of 202.00 feet; Thence South Thence South ' 9' 00" East, o dlatance of 154.00 lest; 9' 00" West• a distance of 318.00 feet: Themes North 81' 49' Waat a dlstcnce of 242.00 feet; Themes North 60, 56, Co"00Weat o distance of s89.00 feat: Thence North 66' 14' 00" West. a distance of 301.00 fast; Thence North @8' 14' 00" t, a. a distance a o/ .11,00 feet to the West "no of Sectlan 18: Thence along said West The. North 00' t 7' es East, d distance �/ 89Z.1 t feet to the Southwest Comer of Sactfan 9; Thence along the West line of eo:d Sect,am 9, North 00' 10' 24" East, a distance of 2645,83 feet to the ? o! 9eginning, rue Point Sold portal of land contains 287.742 Acres. more of lees r_1 Findings and Resolution Fossil Lake. PUD Page 7 Commissioners Disney, Olson and Clarke voted in favor of the Findings and Resolution, and the same were thus duly adopted. DATED this C23 day of , 19?S1. Deputy BOARD OF COMNIISSIONERS OF LARIMER COUNTY, COLORADO Chair DATE: L- APPROVED AS TO FORM: w Findings and Resolution Fossil Lake PUD Page 6 and general layout shown on the preliminary plat for the 10-year term of the vested rights; and (ii) application of County engineering standards for roads, sewer and water improvements adopted subsequent to the preliminary plat approval for a three-year period following preliminary plat approval, unless such standards, if not applied, would pose a serious threat to public health and safety. (3) Except as provided in paragraph b(2)(ii) above, the statutory vested rights granted to applicant shall not preclude: (i) application of County regulations general in nature applicable to all property which do not preclude, alter, impair, prevent or diminish the land uses, density and general layout shown on the preliminary plat; (ii) application of County regulations under the circumstances described in § 24-79-105, C.R.S. 1973, as amended. 13. The applicant shall provide a written evaluation of the effects of the development on the Spring Canyon Ditch. BE IT FURTHER RESOLVED that this constitutes a site specific development plan, the approval of which triggers a vested property right pursuant to state and local law. If this approval is conditional, failure to abide by the terms and conditions will result in a forfeiture of vested property rights. This site specific development plan shall be deemed approved upon the date on which this written Findings and Resolution is signed by the Chair, or Chair Pro-Tem, of the Board of County Commissioners. The Director of Planning shall cause a notice to be published in a newspaper of general circulation in Larimer County advising the general public of this site specific development plan approval and creation of a vested property right, such publication to occur no later than 14 days after this written Findings and Resolution is signed by the Chair, or Chair Pro-Tem, of the Board of County Commissioners. Findings and Resolution Fossil Lake PUD Page 5 10. Construction activity within the 1/4 mile study area and, in particular, the core conservation area, will be scheduled in a coordinated effort with the County so as to limit disturbance during the wildlife sensitive seasons. The sensitive nesting period of the herons is of particular importance in scheduling construction activity. Construction activity is defined as development improvements such as detention areas as well as housing construction. 11. Tree planting, as approved by the Larimer County Parks and Open Lands, shall be completed along lots 11- 15 (revised plan) to provide immediate screening value. 12. The effective period of the master plan and preliminary plat approval and statutory vested rights granted to the applicant shall be in accordance with the following terms: a. The master plan and preliminary plat shall remain in effect for 10 years provided that an application for at least one final plat is filed within 18 months of preliminary plat approval. If one final plat is not filed within 18 months of preliminary plat approval, the master plan and preliminary plat shall expire and be of no further force and effect. b. Approval of the preliminary plat establishes a statutory vested right in the preliminary plat for three years pursuant to § 24-63-103 and 104, C.R.S., 1973, as amended. In order to grant to applicant a statutory vested right in the preliminary plat which exceeds the three-year period, the applicant and County shall execute a development agreement pursuant to § 24-68-104(2), C.R.S. 1973, as amended, which includes and further defines the terms and conditions stated in paragraphs b. (1), (2) and (3) below. The development agreement shall be adopted as a legislative act. (1) The applicant shall have a vested right in the preliminary plat for 10 years from the date of preliminary plat approval provided that at least one final plat is filed within 18 months of preliminary plat approval. If one final plat is not filed within 18 months of preliminary plat approval, all statutory vested rights in the preliminary plat shall expire. (2) The statutory vested rights granted to applicant shall preclude: (i) application of County regulations which would preclude, alter, impair, prevent or diminish the land uses, density 1k Findings and Resolution Fossil Lake PUD Page 4 subject to the conditions hereinafter set forth. The conditions for approval of the final plats are as follows: 1. The final plats of the Planned Unit Development are to be completed in strict conformance with the Master Plan and the Planned Unit Development Resolution for the County of Larimer, State of Colorado. 2. The final plats shall be in conformance with the revised Preliminary Plat dated March 27, 1998, and materials and files submitted as part of application file number 98- MS 1195. 3. The proposed farm dwelling unit on the large south parcel must be sited within a lot. 4. Final plat approval will be provided by Larimer County after review and comment by the City of Fort Collins. The final construction plans for all required improvements shall be carefully coordinated with the City of Fort Collins to insure that all technical requirements are addressed. 5. The conservation easements and resource management plan, addressing the concerns in the letter from the Parks and Open Lands Department (dated April 3, 1998) and the Division of Wildlife letter (dated April 2, 1998) must be submitted with the Final Plat application. Said easements, after approval by Larimer County, shall be recorded with the Final Plat. The April 3 letter restricts agricultural activity to com crops which by this approval is expanded to other grain crops or crops in the final approved resource management plan. 6. Fossil Lake PUD final plats shall not be recorded until a permit has been issued for the sewer line required to serve the development. 7. Final plat notes regarding payment of required fees for park, schools and drainage shall be placed on the Fossil Lake PUD plat. 8. A written agreement with the North Poudre Irrigation Company, as outlined in their letter of February 27, 1998, shall be submitted with the first final plat. 9. The final plat submittal shall contain a report for review and approval by Larimer County Public Works which details a fair and proportional improvement program to County Road 36 and County Road g. If improvements are front ended by the Fossil Lake PUD development, the agreement will contain reimbursement provisions in the event other development is approved by the City or County which will utilize the improvements. Findings and Resolution Fossil Lake PUD Page 3 environment of these various standards, plans and programs, the applicant has submitted a development plan that meets the expected criteria. 7. The Larimer County Health, Engineering and Open Lands Departments, the City of Fort Collins, as well as other reviewing agencies, have reviewed this proposal and have stated their recommended conditions of approval of this project. 8. The proposed PUD meets the criteria of the Larimer County Zoning Resolution, the Larimer County Planned Unit Development Resolution and the Larimer County supplemental regulations for the Fossil Creek area, and appendix I of the revised Intergovernmental Agreement. 9. The approval of this subdivision, with the certain conditions, will not adversely affect the health, safety or welfare of existing residents or the natural resources of the area. 10. Because the applicant will be providing a conservation easement on the entire property at the time of the first final plat and because of the size and phasing of the development, a longer statutory vesting period for the preliminary plat approval is warranted. Such extended vesting period is provided for by § 24-68-104(2) C.R.S. 1973. 11. To approve this Planned Unit Development as recommended by the County Planning Commission and upon the conditions hereinafter set forth would thus promote the harmonious development of the area, would be in the best interest of the people of Larimer County, would increase the tax base, and would promote the convenience, prosperity and general welfare of the immediate inhabitants of the area. RESOLUTION WHEREAS, the Board of County Commissioners has made its findings upon the application for a Planned Unit Development and upon the resolution of the Larimer County Planning Commission, which findings precede this resolution, and by reference are incorporated herein and made a part hereof; and WHEREAS, the Board of County Commissioners has carefully considered the application, resolution, evidence and testimony presented to it, and has given the same such weight as it in its discretion deems proper, and is now fully advised in the premises; NOW, THEREFORE, BE IT RESOLVED that the Fossil Lake Planned Unit Development Master Plan for 566 units, including the neighborhood center and patio home area, and the Preliminary Plat for 489 total units on the North and South parcels as proposed on the property described on Exhibit "A" attached hereto be and the same hereby is approved Findings and Resolution Fossil Lake PUD Page 2 5. Plans for these parcels are: South Parcel: The 138.9 acre south parcel is currently zoned AP -Airport and a significant portion of the parcel is located in the designated critical flight path area. In addition the portion adjacent to Duck Lake is located in the '/, mile Resource Management area depicted in the Fossil Creek Area Plan. Most of the property is currently being farmed and is also utilized for duck hunting during hunting season. There are two existing dwellings on the property. No change in zoning is proposed. The proposal will create two lots around the existing dwelling units on the south parcel and have a new farm help house on the remaining parcel. The applicant has agreed to record a perpetual conservation easement on the south parcel which will prevent future development, establish conservation management practices for the parcel and restrict the parcel in regards to the critical flight path designation related to the AP -Airport Zone. The conservation easement will be reviewed by the Division of Wildlife, the Fort Collins Natural Resources Department and a recommendation provided by the Larimer County Open Lands Department at the time of the first final plat submittal. It is proposed that the conservation easement be held by an appropriate party designated by Larimer County. North Parcel: The north parcel is currently zoned FA-1. A significant portion of the parcel is located in the proposed Resource Management area on the north side of Fossil Creek Reservoir. The parcel is currently irrigated farm. There is one existing structure on the property which will be removed. The applicant proposes a mixed use neighborhood of at least three housing types and the components of a neighborhood center mixed use. The number of dwelling units proposed is not to exceed 566. This includes 6 rural lots on the south, 58 patio homes, 369 conventional single family homes, 11 estate lots and 42 large lots and the future mixed use lot. This totals 486 lots. In addition, the applicant is requesting that if another mixed use center is developed in the area before the one proposed within this development, then an additional 80 unit multi -family units are proposed to replace the area sited for the mixed use. If this option was approved and developed, the total units for the north parcel would be 566. 6. The applicant's proposal meets the requirements of the Fossil Creek Reservoir Area Plan, the requirements of the LMN (3 units per acre) mixed neighborhood concept of the Fort Collins City Plan, the required Urban Development Standards are included in the proposal, and the requirements of the Resource Management Area as outlined in the Fossil Creek Planning document are met. In addition, by utilizing the non-contiguous PUD approach, the project is the first major application reviewed by Larimer County that is attempting to achieve the expressed goals and objectives of the Transfer of Developments Units program being development by the TDU task force. Considering the changing RCPTN # 98052675 06/24/98 12:49:00 # PAGES - 9 FEE - $.00 M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00 FINDINGS AND RESOLUTION Approving the Master Plan an Preliminary Plat of Fossil Lake Planned Unit Development The Petition for the Fossil Lake Planned Unit Development upon the property described on Exhibit "A" attached hereto has heretofore been filed with the Board of County Commissioners of the County of Larimer. The Larimer County Planning Commission on March 16, 1998 reviewed the proposed Planned Unit Development and having duly considered the same recommended that it be approved subject to certain conditions, which conditions have either been satisfied or are incorporated herein. On April 6, 1998 in the County Board Hearing Room of the Larimer County Courthouse, Fort Collins, Colorado, the Board of County Commissioners of the County of Larimer conducted a public hearing on said Master Plan and Preliminary Plat of this Planned Unit Development. The Board of County Commissioners having heard the testimony and evidence adduced at said hearing, and having considered and carefully weighed the same, and having received the recommendations of the County Planning Staff, now makes the following findings: 1. Notice of this hearing upon the Master Plan of the proposed Planned Unit Development has been duly advertised in a local newspaper of general circulation as required by law.. 2. Written notice of this hearing has been delivered or mailed, first class, postage prepaid, to adjoining landowners of the proposed Planned Unit Development as required by law. 3. The County Planning Staff and County Engineer have made certain recommendations concerning this Planned Unit Development which recommendations are contained in the agenda for the April 6, 1998 meeting of the Board of County Commissioners and are filed with the record of this proposal. 4. The Fossil Lake PUD consists of two separate non-contiguous parcels. The total acreage in the two parcels is 426.6 acres. There are 287.7 acres in the North Parcel and 138.9 acres in the South Parcel. The Development parcel is located on the North side of Fossil Creek Reservoir and the parcel for which a conservation easement is to be donated is located South of County Road 32. The applicant proposes to transfer density from the South parcel to the North parcel for purposes of dividing the North parcel into a mixed use development of 486 residential units, a 7.5 acre parcel for a neighborhood center or multi- family area of up to 80 units and a private open space parcel out parcel adjacent to Fossil Creek Reservoir.