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HomeMy WebLinkAboutREA ANNEXATION AND ZONING - 64 93C - CORRESPONDENCE -11-22-1996 10.24AM FROM CITYSCAPE 970 226 4196 P.3 I'M KNOW W. b4W le: hLUUN WAKU Date: i 7rz N Tmw 4:1 i:54 PM Pape 2 et 2 Mr. Eldon Ward -2- November 21, 1996 recommends that the property be placed in the H6-Highway Business Zoning District with a planned unit development (PUD) condition". This recommendation is directly contradictory to the specific terms of the Annexation Agreement in that the Annexation Agreement specifies that the annexation will be permitted by Poudre Valley only if the City rezones the Property in the City's CL-Limited Commercial Zoning District without a planned unit development condition. Therefore the Staff Report has requested the City to violate the specific terms of the Annexation Agreement in this regard. In effect the Staff Report seeks to have the City not to annex the Property since the recommendation of the Staff is not consistent with the Annexation Agreement. Contrary to the statement made by the Staff Report, there are only two recommendations that the Staff may make for this proposed annexation and rezoning! 1) annexation and rezoning as provided in the Annexation Agreement, or 2) no annexation at all. In order to assure Poudre Valley that the Planning and Zoning Board, the Staff and the City Council understand the provisions under which Poudre Valley has submitted the Annexation Agreement and the Petition 'for Annexation, Poudre Valley requests that the Staff prepare an acknowledgment that the ettectiveness of the Annexation Agreement is a condition precedent to the final consideration of the annexation of the Property, and an acknowledgment of the provisions of the Agreement regarding rezoning of the Property as a precondition to final consideration of the annexation of the Property. Because of the failure of the Staff Report to identify the nature of the Annexation Agreement as a condition of annexation, and because of the erroneous recommendation of the Staff regarding rezoning of the Property, this acknowledgment has become necessary. The acknowledgment must be made by the Staff and given to the Planning and Zoning Board for its consideration on November 25, 1996, of the annexation and rezoning of the Property: You are authorized to deliver a copy of this, letter to the City to be made part of the record of the annexation proceedings applicable to the Property. Sincerely, Randolph W. Starr PC; client AA11219GPv.1et.wpd 11-22-1996 10:23AM FROM CITYSCAPE 970 22G 4196 gram: Ana P 1N. amrr 18: 6LUUN WAKU We:11I11166 Time: 411:54 PM P. 2 Page 1 of 2 RMMOLPS W. STARR, P.C. ATTORNEY AT LAW THE PALMER GARDENS 150 EAST 29TH STREET, SUITE 285 P.O. BOX 642 LOVELAND, COLORADO 60539-0642 (970) 667-1029 FACSIMILE (970) 669-3841 RAIVO ',PH W. STARR E-Mail RSTARR85530aol.com RDBSRT C. 01RISTENSEN DPCEA= November 21, 1996 Mr. Eldon Ward . Cityscape Urban Design, Inc. 3555 Stanford Road, Suite 105 Fort Collins, CO 60525 Re: Poudre Valley Rural Electric Association, Inc.- Spradley Barr, L.L.C. Dear Eldon: I received your facsimile of the undated Staff Report of the staff of the City of Fort. Collins Planning and Environmental Services Planning Department prepared for the November 25, 1996, meeting of the Fort Collins Planning and Zoning Board (hereafter the "Staff Report"). There are a number of concerns about the text of the report which need to be conveyed to the prospective purchaser of the property and to the representatives of the City. As you were aware Poudre Valley Rural Electric Association, Inc. (hereafter "Poudre Valley") presented an Annexation Agreement to the City contemporaneously with the delivery of the Petition for Annexation of the property owned by Poudre Valley at 4809 South College Avenue (hereafter the "Property") to the City of Fort Collins, Colorado (hereafter the "City"). The delivery of the Petition for Annexation was made with the specific agreement of the City Lo only pursue the annexation of the Property after the Annexation Agreement had been approved by the City. In other words, the Annexation Agreement must be a final, binding agreement between the City and Poudre Valley prior to the time that the Petition for Annexation is finally considered by the City Council of the City. If the Annexation Agreement xs not a final, binding agreement between the City and Poudre valley prior to the time that the Petition for Annexation is finally considered by the City Council of the City, then the Petition for Annexation shall be considered to be formally withdrawn by Poudre Valley as a result of the Cityfs failure to approve the Annexation Agreement. The Staff Report -"recommends approval of the annexation and 11-22-1996 10:23AM FROM CITYSCAPE 970 226 4196 P. 1 FACSIMILE LETTER TO: Steve Olt City of Fort Collins Planning Department 281 North College Avenue Fort Collins, CO 80524 DATE: November 22, 1996 PROJECT. REA Annexation PROJECT NO: 3862 FAX NO: 221-6378 We are transmitting the following. 1 each Letter from Randolph Starr CMYPQP(A� urban design, inc. 3555 Stanford road, suite 105 fort collins, colorado 80525 (070) 226-4074 FAX (970) 226-4196 PLEASE DISTRIBUTE COPIES Or THIS LETTER TO THE MEMBERS OF THE PLANNING AND ZONING BOARD AT THEIR WORK SESSION TODAY. Number of pages being transmitted: 3 (including cover page) Sincerely, Ci ca r resign, Inc.