HomeMy WebLinkAboutNOEL ANNEXATION & ZONING - 58-87, A - CORRESPONDENCE - LEGAL COMMUNICATIONCity .attorney
M E M O R A N D U M
City of Fort Collins
DATE: October 20, 1988
TOs `Ken Waido, Chief -Planner
Tom Peterson, Director of Planning
FROM: W. Paul Eckman, Assistant City AttorneYP *
RE: Noel Annexation
I had occasion to briefly review a letter from Gefroh and Associ-
ates regarding the Noel Annexation which indicated that Mr. Noel
was willing to dedicate to the City some 120 or so acres of land
west of Overland Trail if the City would agree to zone the
remainder of his property in such a manner as to afford a certain
number of dwelling units. I believe that he had indicated an
interest in 11RLP11 zoning for the balance of the property. Ken
has also provided to me a draft annexation agreement, which we
are discussing at the time of this dictation, which would accom-
plish some of the purposes which Mr. Noel indicates as necessary
to him, but which would also avoid the City's involvement in
"contract zoning.11
It is legally impermissible for municipalities to engage in "con-
tract zoning." Contract zoning occurs when the municipality
agrees to zone a property in accordance with the landowner's
wishes in exchange for some quid pro quo from the landowner. The
Noel Annexation is a classic example of contract zoning. The
City staff may recommend any zoning district that it thinks
appropriate in accordance with the comprehensive plan of the
City, but it may not recommend a zoning district based upon some
offer of consideration to the City to "buy" the City's acquies-
cence to a zoning district. one cannot purchase a zoning classi-
fication from a municipality.
I will be happy to help you with the annexation agreement, but I
would.caution you that any recommendation with regard to zoning
is merely that -- a recommendation. The ultimate determination
as to zoning is a legislative act to be decided by the City Coun-
cil in accordance with the City's comprehensive plan. If Mr.
Noel desires to dedicate certain lands to the City out of the
generosity of his own conscience and totally unconnected with any
zoning classification which he is receiving, then that is fine
and admirable. The dedication should have no connection to the
zoning classification.
WPE:whm
cc: Mike Davis, Development Services Director
Steve Roy, City Attorney
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