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HomeMy WebLinkAboutFAIRWAY ESTATES BUSINESS ANNEX ORDINANCE # 183 1980 - Filed OA-OTHER AGREEMENTS - 2004-04-23MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING is entered into this 16th day of December, 1980, and constitutes the understanding of THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" pertaining to the property included in that annexation known as the Fairway Estates Business Annexation. WITNESSETH: WHEREAS, the City is in the process of annexing the Fairway Estates Business Annexation property to the City of Fort Collins, being more particularly described on Exhibit A attached hereto; and WHEREAS, various owners of real property within the proposed annexa- tion have numerous concerns relating to City requirements, particularly requirements to connect to the City sewer system, improvements to local streets within the Property, improvements to the arterial streets in the area, improvements for sidewalks, curb and gutter and street lights, and requirements relating to storm drainage of the area and costs associated with all such requirements, and further have concerns relating to the zoning district in which the Property will be placed upon annexation to the City of Fort Collins; and WHEREAS, the City Council of the City of Fort Collins is unable to predetermine the zoning of said property since that zoning decision must be made after a full hearing, and further is unable to give a binding legal commitment as to future legislative decisions including formation of improvement districts to make major public improvements in the area, but does desire to set forth its understanding at this time with regard to such improvements. ACCORDINGLY, the City does hereby represent the following to be its understanding with regard to public improvements on the Property above described. 1. Covenants. The subdivision plat and accompanying covenants for the Fairway Estates Business Property, recorded with the Larimer County Clerk, remain applicable at the time of annexation. 2. Local Street, Curb and Gutter Sidewalk and Street Lighting Improvements. At this time, the City Council does not intend to require improvements to the Property in the form of local street improvements, including paving, curb and gutter, sidewalk, or street lighting. The frontage road design and conditions for its construction, as stated in the Fairway Estates Business Covenants, remain applicable at the time of annexation. If owners of the Property petition the City Council in ac- cordance with Chapter 16 of the City Code relating to the creation of improvement districts, the Council shall, in accordance with said Chapter, consider such petition to establish an improvement district. In the event that such a district is created by the Council, the costs shall be assessed against the property benefited thereby and each property owner shall pay a share of such cost as determined by the Council. 3. Storm Drainage Improvements. The Council does not anticipate making any improvement for storm drainage to the Property at the present time and any such improvement would be based on the overall storm drainage program for the City as developed. At the present time, the City imposes a fee for the administrative costs of a storm drainage system for City residents. The City Council also anticipates the development of an additional storm drainage fee for capital construction costs of storm drainage improvements and facilities and, to the extent that such an additional storm drainage fee or charge is develop- ed, the Owners of the Property shall be subject to such fee or charge in an amount determined by the City Council. Storm drainage improvements could also be made to the area if the Owners of the Property petitioned the City Council for the creation of a Storm Sewer Improvement District pursuant to Chapter 16 of the City Code relating to the establishment of special improvement districts. If the Council created such a district, the improvements would be paid for in accordance with a method of assessment established by the City Council based upon benefit to individual properties from such improvements. 4. The Planning staff will recommend to the City's Planning and -2- Zoning Board and the City Council that those properties located within the area to be annexed known as the Fairway Estates Business Annexation, be zoned into the "B-L" Limited Business Zoning District, it being understood that the Council must hold a public hearing on the proposed zoning of the entire annexed area and that a formal vote of the Council must be made at two separate Council meetings before the zoning can be effective. Since a zoning decision is a quasi-judicial decision and must be made only after a full hearing, the Council can give no commitment as to the zoning at this point. IN WITNESS WHEREOF, the City has caused this Memorandum of Understand- ing to be signed the day and year first hereinabove written. ATTEST: TTEST: THE CITY OF FORT COLLINS, COLORADO a Municipal Corporation BY ity onager -3-