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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 '___---`----- - rH , aw Dr. 1 , I I 1 L_ 1 . _-) [ Parcel S -1992 ODP ..\ N (formerly Tabled Parcel IA I on 1987 and 1989 plan) i 1;4T2 PARCEL 4 DEEDURCHASED RESTRICT'ION o I1: _.• __ . 1 Piii'llirK gl c twn.t. - � PARC: UNDER OP ON BY CHURCH i 1 I , m 1 7 - • (144.ii71:16" ______---- \ \ I DEED II \ \ I RESTRICTION AREA 1 II \ \ N. / V I \ \ / \ \ \ /% I \ \ � �/ / 11111 1 C�; O. T. uum COI pADD Iro. �1 t YS'+O P \ \ eo m°°rme \ \ `. FRONT RANGE (3APTIST CHURCH PROPERTY TRANSFER AND DEED RESTRICTION AREAS 4-23-90 ® i'"•200' 1 \\I•MEW JI OAK FARM I_ COTTONWOOD FARM 7160CH2 1 1 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.