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Home My WebLink AboutTIMBERLINE HORSETOOTH ANNEX ORDINANCE # 99 1979 - Filed A-ANNEXATIONS - 2010-09-28R(` teaSEP 1 919793 /(o o,Ci, a Blc 1, S d 8 Pe u g 2 o Rx:;ar 1�'0. 328046 in-m P. Ihompsm ORDINANCE NO. 99 , 1979 BEING AN ORDINANCE OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH CHARLES C. LOCKMAN and MELVIN ARLO DEINES PLACING RESTRICTIONS UPON THE DEINES-LOCKMAN REZONING WHEREAS, heretofore, Charles C. Lockman and Melvin Arlo Deines, have requested the City to change the zoning classification for property de- scribed on Exhibit A of the Agreement attached hereto as Exhibit A, from "T", Transition Zoning District, to "R-H", High Density Residential Zoning District; and WHEREAS, in approving said zoning the Council of the City of Fort Collins has deemed it appropriate that certain restrictions be placed -upon the use of the subject property; and WHEREAS, the owners of the subject property agreed to these requested use restrictions, all as set forth in the Agreement, a true copy of which is attached hereto as Exhibit A. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS AS FOLLOWS: Section 1. That that certain Agreement between the City of Fort Collins, Colorado, and Charles C. Lockman and Melvin Arlo Deines, a true copy of which is attached hereto as Exhibit A be, and the same hereby is, approved. Section 2. That the City Manager be, and he hereby is, authorized and directed to execute said agreement on behalf of the City of Fort Collins. Introduced, considered favorably on first reading, and ordered pub- lished this 21st day of August 1979, and to be prneseRnted for final passage on the 4th day of Se t m , A.D. 1979 ! ll! reading this 4t�/�a�y of— tember , 1 Ma u ti CY, Ls 0 J i t. g,1.,9.8 S PG O y 2 1 LnPPFMFNT THIS AGREEMENT, made and entered into this L t;A day of e -fe` ber, 1979, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City", and CHARLES C. LOCKMAN and MELVIN ARLO DEINES, hereinafter referred to as the "Owners" WITNESSETH: WHEREAS, the Owners are the owners of that certain property located in the City of Fort Collins described in Exhibit A, attached hereto and by this reference made a part hereof; and WHEREAS, the Owners have petitioned the City to change zoning classi- fication for such property from the "T", Transition Zoninq District, to the "R-H", High Density Residential Zoning District; and WHEREAS, the development of the subject property in the "R-H", High Density Residential Zoning District, would be a justifiable and desirable use of the property if it could be accomplished in a harmonious and compat- ible manner with development in the surrounding areas; and WHEREAS, the City would be reluctant to zone the subject property to the "R-H", High Density Residential Zoning District, were it not developed concurrent with the parcel located to the West of the subject property and under one unified master plan and one site plan, and provided further that all residential uses in the "R-H", High Density Residential Zoning District be excluded; and WHEREAS, the City would be reluctant to zone the subject property to the" R-H", High Density Residential Zoning District, unless the master plan and site plan referred to above are processed, reviewed and receive the same public hearing reviews required of Planned Unit Developments. NOW, THEREFORE, in consideration of the mutual covenants and obliga- tions herein expressed, the parties hereto agree as follows: That all residential uses in the "R-H", High Density Residential Zoning District be excluded. SK19U8 OIGO 9 Z 2 That the development of the subject parcel be concurrent with the development of the parcel to the West and under one unified master plan and one site plan, provided, however, that said development may be phased during the construction stages. That the master plan referred to above shall include the following elements: a. Land uses; b. location and size of buildings; c. circulation and parking and parking ratios; d. development phasing; e. location of open space and any amenities; f. land use data. The site plan referred to above shall include the above information plus the following elements: a. Traffic circulation - location, size and loading areas; b. pedestrian circulation; c. access points with public right of ways; d. buffering, landscaping, fences and perimeter treatment; e. drainage, tension areas; f. floor area ratios; g. height of structures; h. utility systems; i. preliminary architectual elevations of all buildings and signs. The master plan and site plan referred to above shall be processed, reviewed and undergo the same public hearing requirements followed for Planned Unit Developments, as that term is defined within the Code of the City of Fort Collins. This Agreement shall be valid and enforceable only if the requested zoning "T", Transition, to "R-H", High Density Reside ial Zoning District, is approved by the Council of the City of Fort Collins. -2- PG0 y 2 3 This Agreement shall run with the land and shall be binding upon all future owners, their heirs, their representatives, successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be entered into the day and year first hereinabove written. nkF s, y City Attorney THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation B , QifQ yi Manager Owners: -3- ei988 �c0y2y EXHIBIT A A tract of land situate in the Northeast 1/4 of Section 31, Township 7 North, Range 68 West of the Sixth P.M., Fort Collins, Colorado, which considering the North line of said Sectin 31 as bearing N 89°57' E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the Northeast corner of said Section 31 and run thence South 1329.85 feet along the East line of said North- east 1/4; thence N 89° 58' W 679.27 feet along the South line of the Northeast 1/4 of said Northeast 1/4; thence N 000 05' 20" E 1328.87 feet; thence N 890 57' E 677.21 feet along the North line of the said Northeast 1/4 to the point of beginning, containing 20.6984 acres, more or less.