HomeMy WebLinkAboutNOEL ANNEXATION & ZONING - 58-87, A - CORRESPONDENCE - LEGAL COMMUNICATION (3)R O B f V E. R fl y I' ` MAR= 6
ATTORNEY AT LAW �U�--��;
1122 9TH STREET #103
P.O. BOX 1501 �`---
GQEELEY, COLOAADO 80632
(303) 351-6083
March 14, 1989
Stephen J. Roy
City Attorney
P. O. Box 580
Fort Collins, CO 80522-0580
RE: NOEL ANNEXATION
Steve:
I have received and discussed with my client your letter
dated March 6, 1989.
Suffice it to say,.it has always been the statement of all
officials of the City of Fort Collins that if the City
would not approve its zoning requested by Mr. Noel he
could withdraw his annexation petition.
Mr. Noel certainly will vigorously oppose any attempt on the
part of the City to annex his property without approval of
zoning which is acceptable to all concerned.
In the spirit of compromise, Mr. Noel has authorized me to
reduce his requested zoning from that which would provide
for a total of 587 residential units to one which would pro-
vide for a total maximum of 430 units. If the City is not
willing to accept this proposed zoning, then Mr. Noel is not
willing to go forward with the annexation, and has no inten-
tion of entering into any agreement concerning the
annexation.
Of course if the City believes it can annex Mr. Noel without
such an agreement, and over his objection, I suspect that
that matter will have to be ligitated in the District Court.
It strikes me as though Mr. Noel may have a very strong case
against the City and/or Larimer County and Colorado State
University in connection with this matter. Zoning imme-
diately to the south of Mr. Noel's property allows sixteen
units per acre. It appears that the City, the County and
Stephen J. Roy
March 14, 1989
Page Two
CSU may well be guilty of conspiring to keep Mr. Noel's
land values artifically low for their own economic
interests.
Your prompt attention to this matter would be greatly appre-
ciated. If you need any further information from either Mr.
Noel or myself, please do not hesitate to contact me.
Sincerely,
UURT%. RAY
RER:j1
cc: Wallace Noel
Steve Burkett, City Manager
Mike Davis, Director of Development Services
Paul Eckman, Assistant City Attorney
L,-4t-en Waido, Chief Planner