HomeMy WebLinkAboutOAK/COTTONWOOD FARM AMENDED OVERALL DEVELOPMENT PLAN - 54-87F - CORRESPONDENCE - MEMO / P & Z BOARD ® •
Stanford Plaza
3555 Stanford Road
Suite 100
Fort Collins,CO 80525
G. T. LAND COLOIZt�DO INC.
Fort Collins — 303-223-3933
Denver— 303-440-3433
Longmont — 303-651-6336
Facsimile— 303-223-4671
June 30, 1992
City of Fort Collins
Planning & Zoning Board Members
P.O. Box 580
Fort Collins, CO 80522
Dear Planning and Zoning Board Members:
Upon further reflection upon the Oak/Cottonwood Farm ODP review of last
evening, I believe that the following issues were not sufficiently
emphasized during last night's discussion.
Our client, Oak Farm Inc. , has gone to great lengths to assure an adequate
buffer between Fairway Estates and the commercial uses to the east.
Attached is a copy of that agreement and a map which illustrates the
restricted areas. We worked diligently and responsibly with the Fairway
Estates people to come to an agreement to address their issues. Please
note that this agreement does not and was never intended to extend to
parcel S on the new ODP (Parcel lA on the 1987 and 1989 plan). The uses
for this parcel were to be the same range of uses available to the greater
Harmony Market parcel. Because of the buffer of the church facility and .
the frontage on Harmony 'Road out client never agreed and, at the time, the
Board did not see fit to impose any further restrictions in this area.
The characterization that our client or G.T. has gone back on commitments
previously made is simply not true and is not supported by the record.
Auto related is not an incompatible use for the front part of parcel S in
our opinion. The staff view that this use be evaluated using the
neighborhood convenience criteria was a position we supported. All of the
adult uses identified by Mr. Thomas are restricted in this area by a
previous deed restriction with the church prior to Oak Farm's ownership.
Further, the church has no objection to the proposed convenience store
adjacent to them.
The site specific issues are not logically handled at the ODP stage.
Soils, traffic, site design, detention and many of the other issues could
very well preclude an approval of this use further down the approval
process. I continue to believe that an attractive well landscaped
convenience store on other auto related use would not be detrimental to
the neighborhood or violate any of the expressed or implied agreements
made with the Harmony Market approvals.
411
June 30, 1992
Page--2
Our ability to serve our clients depends upon establishing a relationship
of trust with neighborhoods, city staff, the community at large and
yourselves. That trust is based in large part upon following through on
our commitments. If we had made commitments on parcel S to restrict the
use, we would not have proposed this change. This alternative is clearly
identified upon the master plan for consideration and is not covered in
our agreement with Fairway Estates. Nothing was left to chance on either
side at the time of the Pace approval. The written documents identify the
extent to which commitments were made and we are prepared to live up to
those commitments.
Sin- - ely,
.4 el
Peter C. Kest, CCIM
Vice President Marketing & Sales.
PCK/dan
CC: Gary Nordic
Tom Peterson
Ted Shepherd
Harold Swope, Fairway Estates Homeowners Association
Eldon Ward
. (..
HARMONY ROAD '___---`----- -
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PROPERTY TRANSFER AND DEED RESTRICTION AREAS
4-23-90 ® i'"•200' 1
\\I•MEW JI OAK FARM I_
COTTONWOOD FARM
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a(;PTN # 91017478 04/2 1 13 : 53 :00 # PAGES - 09 FEE - $4.5 . 00
M. RODENBERGER RECORDER, RIMER COUNTY CO STATE DOC FEE - $ .00
OAK FARM
Amended and Restated
Declaration of Establishment
of Protective Covenants
This Amended and Restated Declaration of Protective Covenants
(the "Declaration") is made as of the /_5//) day of January, 1991,
by Oak Farm Inc. , a Delaware corporation ( "Oak Farm" ) , Front Range
Baptist Church of Fort Collins, a Colorado non-profit corporation
( "Front Range") , Fairway Estates Property Owners ' Association, a
Colorado non-profit corporation ( "Fairway Estates") , and the City
of Fort Collins, Colorado (the "City" ) .
RECITALS
Pursuant to that certain Declaration of Establishment of
Protective Covenants dated May 9, 1990 and recorded May 23, 1990
in the records of Larimer County, Colorado as Reception No.
90021956 (the "Original Declaration") , Oak Farm established certain
protective covenants with respect to the two certain parcels of
land in Larimer County, Colorado which were described as Parcel 1
and Parcel 2 in the Original Declaration and on Exhibit A attached
thereto and which are also more particularly described as Parcel
1 and Parcel 2 on Exhibit A attached hereto and incorporated herein
by this reference (the "Property") . Oak Farm owns additional real.
0N property in the vicinity of the Property. In connection with the.
ot1 approval of the Oak Farm Master Plan, as amended April 24, 1989,
�� Oak Farm agreed to burden Parcel 1 and Parcel 2 of the Property
c � with certain covenants regarding the use of the Property. In
a ,� satisfaction of such agreement, Oak Farm has agreed to burden the
1 e Property with the restrictions set forth in this instrument. Front
fRange has acquired certain of. the property subject to the Original
Declaration and has an option to acquire additional property
;�-v subject to the Original Declaration. Front Range holds an option
(the "Option" ) to purchase that certain portion of Parcel 1
described as Parcel C (the "Option Parcel" ) in that certain Short
Form Option to Purchase Real Estate recorded May 23, 1990 in the
real property records of Larimer County, Colorado as Reception No.
90021961 (the "Short Form Option" ) . Front Range consents to the
covenants and restrictions contained herein. To effect all of the
V foregoing, the parties have agreed to amend and restate the
Original Declaration in its entirety, and to replace the Original
Declaration with this instrument.
In consideration of the foregoing recitals, which are
incorporated into the body of this instrument, the covenants and
restrictions set forth herein and other good and valuable
consideration, the receipt and sufficiency of which are hereby
PC • acknowledged, the parties agree as follows:
1
S 411
That certain Oak Farm Declaration of Establishment of
Protective Covenants dated May 9, 1990 and recorded May 23, 1990,
in the real property records of Larimer County, Colorado as
Reception No. 90021956 (the "Original Declaration" ) is amended and
restated in its entirety by this instrument. The Original
Declaration shall be of no further force or effect and shall no
longer burden the Property described therein. Instead, the
Property described on Exhibit A attached hereto and incorporated
herein by this reference shall be subject to the covenants and
restrictions hereinafter set forth in this instrument:
1 . Except as otherwise provided in this paragraph 1, the
uses within Parcel 1 shall be limited to those set forth on
Exhibit B attached hereto and incorporated herein by this
reference. Notwithstanding the foregoing, uses within that portion
of Parcel .1 south of the Option Parcel shall be limited to single-
family residential and related uses and facilities . In addition,
if the Option held by Front Range to acquire the Option Parcel is
not exercised and terminates or expires as provided in the Short
Form Option, uses within the Option Parcel shall also be limited
to single-family residential and related uses and facilities.
2 . The uses within Parcel 2 shall be limited to those set
forth on Exhibit C attached hereto and incorporated herein by this
reference.
3. The parties intend that the provisions of this instrument
shall be covenants running with the land and binding upon the
successors in title to Parcel 1 with respect to the covenants and
restrictions set forth in paragraph 1 and on Exhibit B, and upon
the successors in title to Parcel 2 with respect to the covenants
and restrictions set forth in paragraph 2 and on Exhibit C.
4 . In the event the legal description of the Option Parcel
is modified, the description of Parcel 1 in Exhibit A shall be
similarly modified without further action by the parties to the
Declaration.
5. The covenants and restrictions set forth in this
instrument may be amended or terminated as to Parcel 1 with the
consent of the owners of Parcel 1, or the portion thereof as to
which such amendment or termination is to be effective, and the
consent of the Board of Dirctors of Fairway Estates. The covenants
and restrictions set forth in this instrument may be amended or
terminated as to Parcel 2 with the consent of the owners of Parcel
2, or the portion thereof as to which such amendment or termination
is to be effective, and the consent of the Board of Directors of
Fairway Estates. Any party seeking to terminate or amend any of
the covenants or restrictions in this instrument shall give written
notice of the proposed amendment or termination to the Board of
Directors of Fairway Estates . The Board of Directors of Fairway
2
Estates shall notify the requesting party of its consent or refusal.
to consent to the proposed amendment or termination within thirty
(30) days after the proposed amendment or termination is submitted
to the Board of Directors of Fairway Estates . If the Board of
Directors of Fairway Estates fails to give notice of such consent'
or refusal to consent within such thirty ( 30) day period, it shall
conclusively be deemed to have approved the proposed amendment or
termination. The requesting party shall be entitled to record an
approved amendment or termination to this instrument setting forth
the approved amendment or termination, which shall be effective and
binding for all purposes . The consent of the Owners of Parcel 1
or Parcel 2, as the case may be, shall be evidenced by one or more
written instruments executed by such Owners and recorded with
respect to Parcel 1 or Parcel 2, as appropriate. Any consent may
be executed in counterpart. If not sooner terminated, the
covenants and restrictions set forth in this instrument shall
expire on May 1, 2025. Nothing herein shall be deemed to authorize
or permit the recording of any notice or instrument by or on behalf
of Fairway Estates against the Property.
6 . The parties hereto acknowledge that this instrument fully
satisfies the obligations of Oak Farm to place use restrictions on
any portion of the Property subject to the Oak Farm Master Plan,
as amended April 24, 1989 ,
7 . This instrument shall be governed by the laws of the
state of Colorado. Any unauthorized party recording any document
or instrument with respect to the Property shall be liable for all
damages, including consequential damages, court costs and .
attorneys ' fees, sustained by the Owner or any other party having
' an interest in the affected property as a result of the recording
of such unauthorized document or instrument.
IN WITNESS WHEREOF, the parties have executed this agreement
as ofthe day and year first above written.
OAK FARM INC.
:ATTE
i .+`/',� Q�Z-� .S l BY chae E
, President
.. erta,�MartinMByrn
FRONT RANGE BAPTIST CHURCH OF
ATTEST: ) FORT COLLINS
L_ By A/L
ReverendS'1e., /,k'r Steven m. Roberts, Chairman
of the Board
3
\\ 0
FAIRWAY ESTATES PROPERTY OWNERS'
ATTEST: ASSOCIATION
1_,4-tric,
1.L BY /`7'6.14.rCci/ 7. -
ATTEST: ': . CITY OF FORT COLLINS, COLORADO
l'..I. - ByC
` + `
45.:1410/ZIW'
C ... Ct;erk c.ry �ro•�N. :c
Approve s To Form
STATE OF COLORADO ) i; �.—,
:
COUNTY LARIMER ) Deputy City Atiornsy
11
The foregoing instrument was acknowledged before me this Ps—
day
of" ,,�.�, <, , 199,6/ by Michael S. Byrne as President of Oak
Farm I ne. --->
is
Witness my hand and official seal.
{SEAL} Notary Publip ' .
MyCommission Expires: •,P' ' ,_y
STATE OF COLORADO )
SS:
COUNTY OF LARIMER )
Then foregoing instrument was acknowledged before me this <_`_
day of / «, , 1990/by Steven M. Roberts as Chairman of the
Board and Reverend c n n,;,/t A- 840 e,,r as (--)tSys o f
Front Range Baptist Church of Fort Collins . ,,jr�
0
Witness my hand and official seal. :
{SEAL} Notary Public
My Commission Expires: l/ne/ Ii', /%//
4
•
STATE OF COLORADO )
• SS:
COUNTY OF LARIM.ER )
The foregoing instrument was acknowledged before me this v7/.5
day of �Jn.1 ry , 1991�' by tre/d. M. .1141- r- as
"ee'4, -wr ✓ and by e __6veb,,.•✓ K4.us/1 as
me.Ai of Fairway Estates Property Owners' .
Association.
Witness my hand and official seal. '• ..
•
Lee_
C n
{SEAL} Notary Public +•
My Commission Expires: ow- /S / /
STATE OF COLORADO )
SS
COUNTY OF .LARIMER )
The foregoing instrument was acknowledged before me Chili
day of do,viury , 1991 by Steveii C , )t,�_r keg
Cit n,v cxa.5er and by I )oav�
('(Prr�_ of the City of Fort Collins, Colorado.
Witness my hand and official seal .
./
{SEAL} otary PupAic
My Commission Expires : /0. 04-0
5
111
EXHIBIT A
Legal Description of Parcels 1 and_2 :
Parcel 1:
A tract of land located in the Northeast Quarter of Section 1,
Township 6 North, Range 69 West of the 6th Principal Meridian,
Larimer County, Colorado being more particularly described as
follows:
Considering the. North line of the Northeast Quarter of said
Section 1 as bearing North 89°58' 54" East and with all bearings
contained herein relative thereto:
Commencing at the North Quarter Corner of said Section 1; thence.
along the East line of Fairway Estates, Third Filing, recorded in
Larimer County records, South 00° 11 ' 05" West, 618.25 feet to the
POINT OF BEGINNING; thence along the South line of a tract of land
described in Book 2052, Page 507, recorded in Larimer County
records, South 86° 16 ' 06"East, 300.58 feet; thence, South 00° 11 ' 05"
West, 2003 . 17 feet to a point on the South line of said Northeast
Quarter of Section 1; thence along said South line, North
89°56'50" , 147 .55 feet; thence, North 32° 13 '45" West, 284 .41 feet
to a point on the West line of said Northeast Quarter of Section
1; thence along said West line, North 00° 11' 0.5" East, 1782 .01 feet
to the Point of Beginning.
The above tract of land contains 13.442 acres .
,6\ 411
EXHIBIT A (Page 2)
Parcel 2 :
A tract of land located in the Northeast Quarter of Section 1,
Township 6 North, Range 69 West of the 6th Principal Meridian,
Larimer County, Colorado being more particularly described as
follows :
Considering the North line of Northeast Quarter of said Section 1
as bearing North 89 °58 '54" East and with all bearings contained
herein relative thereto:
Commencing at the North Quarter Corner of said Section 1; thence.
along the East line of Fairway Estates, Third Filing, recorded in
Larimer County records, South 00° 11 '05" West, 618.25 feet; thence
along the South line of a tract of land described in Book 2052,
Page 507, recorded in Larimer County records, South 86° 16 ' 06" East,
300.58 feet to the POINT OF BEGINNING; thence South 86° 16 ' 06" East,
304 .76 feet to a point on the West right-of-way line of Boardwalk
Drive; thence along said West right-of-way, South 11°05 ' 12" East,
78 . 73 feet to a point on a curve concave to the West having a
central angle of 12°52 ' 37", a radius of 576 .00 feet and the chord
of which bears South 04°38 '54" East, 129 . 18 feet; thence along the
said West right-of-way line and the arc of said curve 129.45 feet
thence along said West right-of-way line, South 01°47 '25" West,
334 .44 feet; thence, North 88° 12 ' 35" West, 321 .20 feet; thence
North 00° 11 ' 05" East, 550.09 feet to the Point of Beginning.
The above described tract of land contains 4 .053 acres .
2\
EXHIBIT B
Use Restrictions for Parcel 1:
Uses to be considered on Parcel 1 are limited to those allowed by
right in the R-L Low Density Residential District, Sec. 29-132 . 1
through Sec. 29-132 .7 of the Code of the City of Fort Collins (the
"Code") as of April 24, 1989 . Those uses are:
1. Single-family dwellings.
2 . Public and private schools for elementary and high school
education.
3. Public and nonprofit quasi-public recreational uses as a
principal use.
4 . Essential public utility and public service installations and
facilities for the protection and welfare of the surrounding
area, provided that business offices and repair and storage
facilities are not included.
5. Churches .
6 . Group Homes, subject to approval by special review.
7 . Accessory buildings and uses .
•p,�4/•
v \
!II 111
EXHIBIT C
Use Restrictions for Parcel 2 :
Uses to be considered on Parcel 2 are limited to:
Uses allowed in the R-L-M Low Density Multifamily District - Sec.
29-162 . 1 through Sec. 29-162 .2 of the Code of the City of Fort
Collins (the "Code") as of April 24, 1989 . Those uses are:
1. Any use permitted in the R-L Low Density Residential District,
subject to all use requirements specified for the R-L
District, except planned unit development uses as provided in
Sec. 29-132 .8 of the Code, provided however, that the planned
unit development process may be used for the development of
any uses listed in Sec. 29-132 . 1 through 29-132 .7 of the Code
and for the development of uses as described in paragraph 2
hereinbelow.
2 . Two-family dwellings and multifamily dwellings up to and
including four-family units.
Child care centers or small office buildings, residential in
design, not to exceed 28 ' in height, with finish materials
compatible to the neighborhood (i .e. brick, wood or stucco) may be
considered as future alternatives, subject to approval of an
amended master plan by the City of Fort Collins Planning and Zoning
Board.