HomeMy WebLinkAboutSTREAMSIDE ANNEXATION & ZONING - 55-02A - CORRESPONDENCE -04/19/06 WED 10:17 FAX 9705778989 LEBSACS & ASSOCIATES
Q 00S
properties in the GMA as expeditiously as possible. Because the County will require you to sign
an annexation agreement for the Streamside PID 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
specified 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.
Phase see the attached comment letter to County staff clarifying our position rcgarding
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.
Sincerely, !'
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TroyJ nes, CImp,
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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 Director
Russ Legg, L.arimer County Chief Planner
David Karan, Larimer County Planner
Michael Chalons, Land Images
04/19/06 WED 10:16 FAX 9705778989 LEBSACK & ASSOCIATES
9 002
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 Larlmer
County, you would sign an annexation agreement for the Peterson MILD 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 applicaLle standards that wa will make a very strong case at the hearings
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 she 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
2fi1 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-20220
04/19/06 WED 10:16 FAX 9705778989 LEBSACR & ASSOCIATES 001
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W. Duane Lebsack, Rwi mare erckermevaiow