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Home My WebLink AboutTIMBERLINE HORSETOOTH SECOND ANNEX ORDINANCE # 98 1979 - Filed A-ANNEXATIONS - 2010-09-28PGSEP 1 91979` a3. J/ .� orded a Rocgt�n h. 328045 lames P. T4mmpsen ORDINANCE NO.. 98 , 1979 BEING AN ORDINANCE OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH HAROLD R. WEBSTER PLACING RESTRICTIONS UPON THE ZONING OF HORSETOOTH-TIMBERLINE 2nd ANNEXATION WHEREAS, heretofore, Harold R. Webster has requested the City to zone the property described on Exhibit A of the Agreement attached hereto as Exhibit A, to B-P, Planned Business Zoning District, and R-P, Planned 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 owner 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 Harold R. Webster, 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 lished this 21st day of August > final passage on the 4th day of x ��qqkg� Syt ST:'.. ` ? 43 3 A.D.-'�-1979. ASSISTANT Ma on first reading, and ordered pub- A.D. 1979, and to be presented for and adopted on final reading this 4th day of Se t m r , wm' i'MVIA k� r� c1 cc - CC! P G 0 y f C nrD CC ME: KIT THIS AGREEMENT, made and entered into this 46 " day of Se p{_, 1979, by and between THE CITY OF FORT COLLINS, COLORA.DO, a Municipal Corporation, hereinafter referred to as the "City" and HAROLD R. WEBSTER, hereinafter referred to as the "Owner" WITNESSETH: WHEREAS, the Owner is owner of property in the City described in Exhibit A attached hereto and by this reference made a part hereof; and WHEREAS, the Owner has petitioned the City to place the above de- scribed property in the B-P, Planned Business Zoning District, and R-P, Planned Residential Zoning District; and WHEREAS, the City would be reluctant to zone a portion of the subject property into the B-P, Planned Business Zoning District, were it not developed as a Planned Unit Development since permitted to develop other- wise could have an adverse impact on neighboring areas, as well as on the traffic flow of adjacent arterial streets; and WHEREAS, the City would be reluctant to zone a portion of the subject property into the R-P, Planned Residential Zoning District, were that zoning not subject to the following conditions: A. That the maximum number of dwelling units to be con- structed on the approximately 53 acres to be zoned R-P, Planned Residential, should not exceed 400. B. That the property be developed as a Planned Unit De- velopment. C. That development be permitted at a maximum average density of eight density units per acre for the entire site. D. That there be no additional commercial development of the subject property through the use of the commercial BK'I 9 6 8 PG 0 g 1 7 allotment of a Planned Unit Development Ordinance. The foregoing restrictions and limitations upon the development of the subject property are considered by the Council of the City of Fort Collins to be necessary to insure the subject property develops in a harmonious and compatible manner with the adjacent surrounding property; and WHEREAS, the owner has agreed to develop the subject properties as set forth above subject to the limitations contained herein. NOW, THEREFORE, in consideration of the mutual covenants and obliga- tions herein expressed, the parties hereto agree as follows: The approximately 15.5 acres of the subject property to be developed in the B-P, Planned Business Zoning District, shall be developed only in accordance with a Planned Unit Development application. That the approximately 53 acres of the above described property to be developed in the R-P, Planned Residential Zoning District, shall be developed subject to the following limitations: A. That the maximum number of dwelling units to be con - strutted on the approximately 53 acres to be zoned R-P, Planned Residential, should not exceed 400. B. That the property be developed as a Planned Unit De- velopment. C. That development be permitted at a maximum average density of eight density units per acre for the entire site. D. That there be no additional commercial development of the subject property through the use of the commercial allotment of a Planned Unit Development Ordinance. This Agreement shall be valid and enforceable only if the requested zoning to B-P, Planned Business Zoning District, and R-P, Planned Resi- -2- 8K 1-y:d::u Pc U 9 ;1 8 dential Zoning District, is approved by the Council of the City of Fort Collins. 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. 7r ved AGo City Attorney THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation IV Ci y Manager I j W, � � P-z now 90'�=/ HaroTd R. Webster -3- �BKi 988 PC 9 i 9 EXHIBIT A A tract of land located in the SW 1/4 of Section 29, T7N, R68W, of the 6th P.M., of Larimer County, Colorado, being more particularly described as follows: Considering the West line of the SW 1/4 of said Section 29 as bearing N 00°02'57" W and with all bearings contained herein relative thereto: Commencing at the Southwest corner of said Section 29, thence, along the said West line N 00° 02'57" W, 750.00 feet to the True Point of Beginning. Thence, con- tinuing along said West line N 00°02'57" W, 581.06 feet to the North line of the South 1/2 of the Southwest 1/4 of the said Section,.29; thence, along the said North line S 89*28158" E, 2272.79 feet; thence, S 00013'23" W, 1328.61 feet to the South line of the Southwest 1/4 of said Section 29; thence along said South line N 89°32'37" W, 1312.45 feet; thence, N 000 27'23" E, 304.46 feet; thence 710.83 feet along the arc of a curve to the left with a central angle of 90° 30' 20", radius 450.00 feet, whose long chord bears N 44047'47" W, 639.20 feet; thence, S 89' 57' 03" W, '506.67 feet to the True Point of Beginning. The above described tract contains 53.730 acres. A tract of Tan'd .located in the SW 1/4 of Section 29* T7N, R68W, of the 6th P.M., of Larimer County, Colorado, being more particularly described as follows: Considering the West line of the SW 1/4 of said Section 29 as bearing N 00'0- 02' 57"'Wrand with all bearings contained herein relative thereto: Commencing at the Southwest corner of said Section 29, said point being the True Point of Beginning;. thence, along the said West line, N 00 0 02' 57" W, 750.00 feet, thence; N 899 57' 03" E, 506.67 feet; thence 710.83 feet along the arc of a curve to the right with a central angle of 90'0 30' 20", radius 450.00 feet; whose long.chord bears S 44 47' 47" E, 639.20 feet; thence S 0®p 27' 23" W, 304.46 feet to the South line of the Southwest 1/4 of said Section 29; thence along said South line N 890 32' 37" W, 954.00 feet to the True Point of Beginning.