HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/07/2008 - HEARING AND FIRST READING OF ORDINANCE NO. 125, 20 ITEM NUMBER: 20
AGENDA ITEM SUMMARY DATE: October 7, 2008
FORT COLLINS CITY COUNCIL STAFF: Shelby Sommer
SUBJECT
Hearing and First Reading of Ordinance No. 125, 2008, Amending the Zoning Map of the City by
Changing the Zoning Classification for that Certain Property Known as the Vineyard Rezoning.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
On September 18, 2008, the Planning and Zoning Board voted (6-0 on its Consent Agenda) to
recommend Council approve the Vineyard Rezoning.
EXECUTIVE SUMMARY
This is a request to rezone an 8.68 acre parcel located on the west side of South College Avenue
immediately north of Crestridge Drive. The current zoning district designation is Community
Commercial(CC)District. The applicant proposes zoning of Commercial(C)District. A Structure
Plan amendment is not necessary for this rezoning request. There are no perceived issues or known
controversies with this rezoning request.
BACKGROUND
Applicant: Russell Lee
VFR Design, Inc.
401 West Mountain Avenue
Fort Collins, CO 80524
Property Owners: Vineyard Church
1201 Riverside Avenue
Fort Collins, CO 80524
THE SITE
The applicant, Russell Lee, on behalf of the property owner, the Vineyard Church, has submitted
a written request for the rezoning of 8.68 acres located on the west side of South College Avenue,
immediately north of Crestridge Street. The majority of the property proposed for rezoning is
currently undeveloped, though it also includes the entire right-of-way for the existing Crestridge
Street. The requested zoning for this property is Commercial(C)District. The existing zoning for
October 7, 2008 -2- Item No. 20
this property is Community Commercial District(CC). A Structure Plan amendment is not required
with this zoning request because the property is already designated as Commercial Corridor District
on the City Plan Structure Plan.
The adjoining existing zoning and land uses are as follows:
N: Community Commercial (CC) and Public Open Lands (POL);
existing undeveloped property, previously approved Waterstone Apartments development
and existing Redtail Grove Natural Area.
S: Community Commercial (CC) and Commercial (C);
existing church(Dayspring Christian Church),existing auto dealership(Tynan's Nissan)and
various commercial/office uses
E: Commercial (C);
various existing commercial uses (South 13 Subdivision)
W: Community Comercial (CC) and Urban Estate (UE);
undeveloped property (potentially future Vineyard Church), existing railroad, existing
single-family residential (Ader Estates)to be annexed in 2010 as Phase 3 of the Southwest
Annexation and zoned Urban Estate
The property was annexed into the City of Fort Collins as the Skyview Ltd.Annexation in February
1989.
This rezoning request was submitted to the City during the Current Planning Department's semi-
annual call for rezoning proposals. This request is being processed in accordance with the schedule
set forth for the rezoning cycle, including a recommendation from the Planning and Zoning Board
and Council action. The rezoning satisfies the criteria of Section 2.9.4 of the Land Use Code.
Several main considerations factor into City staff support for this rezoning request:
1. The City's Structure Plan includes this parcel in the Commercial Corridor District. The
proposed zoning, Commercial District, is consistent with the Structure Plan Designation.
2. The proposed Commercial Zoning District will be surrounded by the Community
Commercial Corridor District on three sides (north, west and south).
3. This property is adjacent to the Commercial District on the south and east. A majority of
properties with South College Avenue frontage between Harmony Road to the north and
Trilby Road to the south are zoned Commercial District.
4. The proposed Commercial District will be surrounded by Community Commercial District
zoning on the north and west which buffer the Commercial zoning from the residential and
natural area uses in the vicinity.
5. The South College Corridor Plan (SCCP) is recommending the site be rezoned to
Commercial District. Citizen comments at SCCP open houses did not oppose the change
in designation.
October 7, 2008 -3- Item No. 20
Staffs perspective is that these considerations adequately support a conclusion that the zoning
district could be changed to Commercial in response to this request.
STRUCTURE PLAN DESIGNATION
The tru t S cure Plan, an element of the City s comprehensive plan, is a map that sets forth a basic
pattern of development, showing how Fort Collins should grow and evolve over the next 20 years.
The map currently designates the property as Commercial Corridor District(see Attachment 5). The
proposed zoning, Commercial District, is in accordance with the Structure Plan designation.
The intent and purpose of Commercial Corridor District as described in City Plan is as follows:
"Commercial Districts include a wide range of community and regional retail uses,
as well as offices, business and personal services, and to a lesser extent, residential
uses. While these districts are typically the location for highway business and auto-
related uses,they also offer opportunities to create new areas and transform existing
developed areas, over time, from being exclusively auto-oriented places to being a
series of mixed-use, multi-modal centers which relate better to the community as a
whole and to surrounding residential neighborhoods."
The proposed rezoning is located along a State highway(South College Avenue) and is consistent
with the Commercial Corridor District Structure Plan designation. It is unknown why the property
was placed in the Community Commercial Zone District upon annexation instead ofthe Commercial
District as designated by the Structure Plan.
REZONING REQUEST
The applicant initially filed a rezoning petition with the City on July 11, 2008. The request is to
rezone an 8.68 acre parcel from Community Commercial (CC) to Commercial (C) District.
In order to recommend approval of this proposal, staff and the Planning and Zoning Board had to
find that the rezoning is:
(1) consistent with the City's Comprehensive Plan; and/or
(2) warranted by changed conditions within the neighborhood surrounding and including
the subject property.
The above criteria found in subsection 2.9.4(H)(2) of the Land Use Code outlines mandator
y
requirements for quasi-judicial rezonings. In addition, the following subsection 2.9.4(H)(3) lists
additional factors that may be considered along with the mandatory requirements for this type of
quasi-judicial rezoning, as follows:
"In determining whether to recommend approval of any such proposed amendment,
the Planning and Zoning Board and City Council may consider the following
additional factors:
October 7, 2008 -4- Item No. 20
(a) whether and the extent to which the proposed amendment is compatible with
existing and proposed uses surrounding the subject land, and is the
appropriate zone district for the land;
(b) whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment, including but not
limited to, water, air, noise, stormwater management, wildlife, vegetation,
wetlands and the natural environment; and
(c) whether and the extent to which the proposed amendment would result in a
logical and orderly development pattern."
Purpose Statements of the Zone Districts
The purpose statements of the two zone districts in question are listed below:
• Purpose of the CC—Community Commercial District:
Community Commercial District provides a combination of retail,offices,services,cultural
facilities, civic uses and higher density housing. Multi-story buildings are encouraged to
provide a mix of residential and nonresidential uses. Offices and dwellings are encouraged
to locate above ground-floor retail and services.
• Purpose of the C—Commercial District:
The Commercial District is intended to be a setting for development, redevelopment and
infill of a wide range of community and regional retail uses, offices and personal and
business services. Secondarily, it can accommodate a wide range of other uses including
creative forms of housing.
While some Commercial District areas may continue to meet the need for auto-related and
other auto-oriented uses, it is the City's intent that the Commercial District emphasize safe
and convenient personal mobility in many forms, with planning and design that
accommodates pedestrians.
STAFF ANALYSIS—REZONING REQUEST
The request to rezone is considered quasi-judicial (versus legislative) since the parcel is less than
640 acres. There are two standards that may be used in evaluating a request for a quasi-judicial
rezoning. These standards, and how the request complies, are summarized below:
A. Any amendment to the Zoning Map shall be recommended for approval only if the proposed
amendment is consistent with the City's Comprehensive Plan; and/or.
As stated above under the Structure Plan Designation, that the proposal is consistent with the
Structure Plan Designation of Commercial Corridor District. The Structure Plan is an element of
City Plan, the City's Comprehensive Plan.
October 7, 2008 -5- Item No. 20
B. Any amendment to the Zoning Map shall be recommended for approval only if the proposed
amendment is warranted by changed conditions within the neighborhood surrounding and
including the subject property.
Conditions have changed in the neighborhood to warrant the rezoning. Phase One of the Southwest
Annexation occurred in 2006 and resulted in properties to the east and south of the subject parcel
being placed in the Commercial zone district. Those properties that were annexed in Phase One of
the Southwest Annexation have the same Structure Plan designation as the property currently being
considered for rezoning to Commercial District. While physical conditions have not changed in the
surrounding area or on the subject property,the change in City boundaries and the resulting zoning
designation when those properties were annexed warrants a change to the subject property for
consistency along the South College Avenue frontage.
In addition to the above factors, Subsection 2.9.4[H][3] of the Land Use Code provides factors that
may be considered along with the mandatory requirements for quasi-judicial rezonings. Staff has
prepared a response to each of the additional factors,demonstrating how the optional criteria could
also be met:
"In determining whether to recommend approval of any such proposed amendment, the
Planning and Zoning Board and City Council may consider the following additional factors:
A. Whether and the extent to which the proposed amendment is compatible with existing
and proposed uses surrounding the subject land, and is the appropriate zone district
for the land "
The rezoning request is compatible with the existing and proposed uses surrounding the
subject land and is an appropriate zoning district for the land. Uses immediately north of the
property include a natural area, an approved residential subdivision and vacant land zoned
Community Commercial District. East of South College Avenue is a variety of existing
commercial businesses. There are an existing church, auto dealership and various
commercial uses south of the subject property. This change in zoning is a logical extension
of the zoning from the south and east and provides continuity in zoning along the College
Avenue corridor.
B. "Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment, including but not limited
to, water, air, noise, stormwater management, wildlife, vegetation, wetlands and the
natural functioning of the environment. "
There is no evidence that the rezoning will result in significant adverse impacts to the natural
environment on- or off-site. The subject property is an undeveloped site and any future
development plan on the property will be subject to and reviewed for compliance with the
environmental resource protection standards contained in Division 3.4 of the Land Use
Code.
October 7, 2008 -6- Item No. 20
C. "Whether and the extent t r o which the proposed amendment would result in a logical
and orderly development pattern."
As explained under the Structure Plan Designation section, the rezoning will result in a
logical and orderly development pattern. The existing zoning on the south and east sides of
the property is Commercial and rezoning the portion of the subject property that has frontage
along South College Avenue is a logical continuation. Preserving the remainder of the
Vineyard property as Community Commercial would provide a transition area between the
properties on the north and west and the proposed Commercial area along the highway.
Neighborhood Information Meeting
A neighborhood information meeting was held on Thursday, September 11, 2008. A summary of
comments from the neighborhood meeting is attached (Attachment 6). Four property owners
attended the meeting and none of those in attendance expressed opposition to the rezoning request.
A change in zoning for the entire Vineyard Church property was proposed at three open houses for
the South College Corridor Plan on July 30 and 31, 2008. Citizen comments collected at the open
houses did not reflect opposition to the change in zoning designation.
FINDINGS
After reviewing the Vineyard Rezoning,staff makes the following findings of fact and conclusions:
1. This rezoning request is consistent with the City's Comprehensive Plan based on the
Structure Plan designation.
2. The proposed C - Commercial Zoning District is compatible with the existing and
surrounding uses and zoning.
3. The proposed rezoning would not result in significantly adverse impacts on the natural
environment.
4. The proposed rezoning would result in a logical and orderly pattern of development.
Planning and Zoning Board Recommendation
The Planning and Zoning Board, at its regular monthly meeting on September 18, 2008,voted(6-0
on its Consent Agenda)to recommend approval of the Vineyard Rezoning.
ATTACHMENTS
1. Applicant's written statement.
2. Site Vicinity Map.
3. Existing Zoning Map.
4. Proposed Zoning Map.
5. Existing Structure Plan Map.
6. Neighborhood Meeting Summary.
ATTACHMENT )
July 11, 2008
Steve Olt
City of Fort Collins
Planning Department
281 North College Avenue
Fort Collins, CO 80522
RE: Re-Zoning Justification for a portion of the Vineyard Church Property
Dear Mr. Olt,
The Vineyard Church property consists of 26.93 acres and is located on the west side of
College Avenue just North of Crestridge Drive. The property is currently located in the
Community Commercial Zone District. Vineyard Church is requesting 8.68 acres of the
eastern portion of the property be re-zoned to commercial.
Re-Zoning Justification Per Section 2.9.4(B) of the City of Fort Collins Land Use
Code
(2)Mandatory Requirements for Quasi-judicial Rezonings. Any amendment to the
Zoning Map involving the zoning or rezoning of six hundred forty(640) acres of land or
less (a quasi Judicial rezoning)shall be recommended for approval by the.Planning and
Zoning Board or approved by the City Council only if the proposed amendment is:
a) Consistent with the City's Comprehensive Plan;
The City's Structure Plan includes this parcel in the Commercial Corridor
District. The re-zoning of this parcel from Community Commercial(CC) to
Commercial(C)will bring this parcel into compliance with the City's structure
plan.
3)Addidonal considerations for Quasi-judicial Rezonings. In determining whether to
recommend approval of any such proposed amendment, the Planning and Zoning Board
and City Council may consider the following additional factors:
a) Whether and the extent to which the proposed amendment is compatible
with existing and proposed uses surrounding the subject land and is the
appropriate zone district for the land..
This parcel of land is one of the only developable pieces of land along
College Avenue that is zoned CC. A vast majority of the land along
College Avenue is zoned Commercial. The parcel is adjacent to existing
Commercial Zoned property to the south and east. The rezoning of this
parcel would provide zoning continuity along College Avenue and
Attachment 1 — Page 1
encourage economic opportunities. The parcels to the north and west are
zoned Community Commercial which would compliment the proposed
Commercial zone designation.
b) Whether and the extent to which the proposed amendment would result in
significantly adverse impacts on the natural environment, including but
not limited to water, air, noise, stormwater management, wildlife,
vegetation, wetlands and the natural functioning of the environment.
The area to be rezoned is not adjacent to any natural areas. The new
zoning designation would not pose any adverse impacts on the natural
environment beyond the existing zone designation.
c) Whether and the extent to which the proposed amendment would result in
a logical and orderly development pattern.
As stated above, the re-designation of this parcel from Community
Commercial to Commercial,would continue the pattern of Commercial
designation along College Avenue as well as comply with the City's
Structure Plan.
We believe this project will have no negative impact on the surrounding neighborhood.
It will bring the parcel into compliance with the City's Structure Plan,provide continuity
within the south College Avenue corridor and open up beneficial economic opportunities.
I appreciate your consideration of this request.
Sincerely,
Russell Lee
Vaught Frye Ripley Design Inc.
Attachment 1 — Page 2
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Attachment #5 Structure Plan
ATTACHMENT
Current Planning
City of 281 College Ave.
F6rt Collins 97 Boo x
580
Fort Collins,CO 80522
970.221.678750
4.8134-fax
kgov.
icgov.coMcurrentplanning
NEIGHBORHOOD INFORMATION MEETING SUMMARY
PROJECT: Vineyard Rezoning
DATE: September 11, 2008
MEETING LOCATION: Dayspring Christian Church
APPLICANT: Russell Lee, VFR Design Inc.
CITY PLANNER: Shelby Sommer
PROJECT SUMMARY: This is a proposal to rezone 8.6 acres of the Vineyard
Church property from CC— Community Commercial District to C —Commercial District.
Vineyard Church intends to sell off the Commercial District parcel in order to fund and
facilitate development of a church on the western portion of the property in the
Community Commercial zone.
..................QUESTIONS, CONCERNS, COMMENTS, RESPONSES.....................
1. Question: (Resident) Can a property be within two different zones?
Response: (Applicant) Yes, a portion of the Vineyard property will stay in the
CC Zone for the future church, and the eastern portion is proposed to be rezoned
to C and then sold for commercial development.
2. The meeting included a discussion of the surrounding properties including the
City's Redtail Natural Area and the previously approved multi-family residential
project to the north. The applicant clarified that they-had not purchased the multi-
family property to the north, but indicated that they would like to do so if possible.
The applicant explained that the natural features and associated buffers on the
site prevent full development of the church to the west. He also explained that
the church needs access out onto South College Avenue, but not necessary
College Avenue frontage, and that the Commercial development would help
facilitate that by extending/reconstructing Crestridge/Smokey Drives.
3. Comment: (Residents) Several residents advocated for the reconfiguration of
Crestridge/Smokey with a traffic signal out onto South College Avenue.
4. Question: (Resident)Will development in this area trigger upgrades to the
Attachment 6 — Page 1
f
Fort Collins
streets in the Skyview neighborhood (curb and gutter)?
Response: (Applicant) A traffic impact study will be analyzed when the
development plan is submitted. This study will provide insight into improvements
that are required, though it is doubtful that the development will have significant
traffic impacts to the south — especially enough to warrant those types of
improvements.
5. Question: (Resident)Why isn't the applicant pursing rezoning of the entire
parcel?
Response: (Applicant) A church doesn't need Commercial zoning, and
therefore rezoning of the western portion of the property isn't necessary. Also,
keeping a Community Commercial buffer around the Commercial zone is more
sensitive to the surrounding neighborhood.
6. Several residents commented about their appreciation for the sensitivity and
consideration given to the surrounding neighborhood. One resident expressed
full support for the rezoning request if that would help the church get closer to
developing the western portion of the site.
7. Question: (Resident) Are automobile sales lots permitted in the CC and C
zones, or just the C zone?
Response: (Planner) Automobile sales and leasing establishments are only
permitted in the Commercial zone district.
Attachment 6 — Page 2
I
ORDINANCE NO. 125, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE
CITY OF FORT COLLINS BY CHANGING THE ZONING
CLASSIFICATION FOR THAT CERTAIN PROPERTY KNOWN
AS THE VINEYARD CHURCH REZONING
WHEREAS, Division 1.3 of the Fort Collins Land Use Code (the "Land Use Code")
establishes the Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.9 of the Land Use Code establishes procedures and criteria for
reviewing the rezoning of land; and
WHEREAS, in accordance with the foregoing, the Council has considered the rezoning of
the property which is the subject of this ordinance,and has determined that said property should be
rezoned as hereafter provided; and
WHEREAS,the Council has further determined that the proposed rezoning is consistent with
the City's Comprehensive Plan and/or is warranted by changed conditions within the neighborhood
surrounding and including the subject property; and
WHEREAS, to the extent applicable, the Council has also analyzed the proposed rezoning
against the considerations as established in Section 2.9.4(H)(3) of the Land Use Code.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby
amended by changing the zoning classification from Community Commercial("CC")Zone District,
to Commercial ( "C") Zone District, for the following described property in the City known as the
Vineyard Church Rezoning:
A parcel of land being a portion of the Northeast Quarter(NE 1/4)of Section Eleven
(11),Township Six North(T.6N.),Range Sixty-nine West(R.69W.),Sixth Principal
Meridian (6th P.M.), City of Fort Collins, County of Larimer, State of Colorado,
more particularly described as follows:
COMMENCING at the Northeast Corner of said Section I 1 and assuming the East
line of the Northeast Quarter(NEl/4)of said Section 11 as bearing South 00°l T08"
West being a Grid Bearing of the Colorado State Plane Coordinate System, North
Zone, North American Datum 1983/2007, a distance of 2646.15 feet with all other
bearings contained herein relative thereto;
The lineal dimensions as contained herein are based upon the "U.S. Survey Foot."
THENCE South 88°3 F52" West along the North line of the NEI/4 of said Section
11 a distance of 75.00 feet to the Westerly line of a strip of land conveyed in deed to
the Department of Highways, State of Colorado, recorded May 6, 1958, in Book
1066 at Page 204 of the Records of Latimer County and to the POINT OF
BEGINNING;
The next Three(3)courses and distances are along the Westerly lines of said strip of
land conveyed in deed to the Department of Highways, State of Colorado, in
Bk.1066, Pg.204:
THENCE South 00°40'38" West a distance of 366.10 feet;
THENCE South 00044'38" West a distance of 610.50 feet to the beginning point of
a non-tangent curve;
THENCE along the arc of a curve concave to the East and non-tangent to the
aforesaid course, a distance of 62.83 feet, said curve has a Radius of 22995.00 feet,
a Delta of 00°09'24" and is subtended by a Chord bearing South 00°40'18" West a
distance of 62.83 feet to the Southerly Right of Way line of Crestridge Street as
dedicated in a deed recorded July 25, 1975 as Book 1655, Page 179 of the Records
of Latimer County;
The next Three(3)courses and distances are along the Southerly Right of Way lines
of said Crestridge Street:
THENCE North 89014'51" West a distance of 364.21 feet to a Point of Curvature;
THENCE along the arc of a curve concave to the Southeast a distance of 72.37 feet,
said curve has a Radius of 278.27 feet, a Delta of 14°54'06" and is subtended by a
Chord bearing South 83'18'06"West a distance of 72.17 feet to a Point of Compound
Curvature;
THENCE along the arc of a curve concave to the Southeast a distance of 23.35 feet,
said curve has a Radius of 15.15 feet, a Delta of 88°18'49" and is subtended by a
Chord bearing South 31°41'39" West a distance of 21.11 feet to a Point of Reverse
Curvature and to the Easterly Right of Way line of Venus Avenue as dedicated in a
deed recorded February 18, 1975 as Book 1635,Page 158 of the Records of Latimer
County;
The next Two(2)courses and distances are along the Easterly Right of Way lines of
said Venus Avenue and the Southerly prolongation thereof:
THENCE along the arc of a curve concave to the Southwest a distance of 155.01 feet,
said curve has a Radius of 725.00 feet, a Delta of 12'15'00" and is subtended by a
Chord bearing South 06°53'21"East a distance of 154.71 feet to a Point of Tangency;
THENCE South 00°45'51" East a distance of 100.94 feet to the North line of
Skyview,a Subdivision plat recorded May 7, 1964 in Book 8,Page 138,as Reception
No.865453 of the Records of Latimer County;
THENCE South 89'1618" West along the North line of said Skyview Subdivision
a distance of 60.00 feet to the Southerly prolongation of the Westerly Right of Way
line of said Venus Avenue;
The next Two(2)courses and distances are along the Easterly Right of Way lines of
said Venus Avenue and the Southerly prolongation thereof:
THENCE North 00°45'51" West a distance of 100.91 feet to a Point of Curvature;
THENCE along the arc of a curve concave to the Southwest a distance of 214.95 feet,
said curve has a Radius of 665.00 feet, a Delta of 18°3l'11" and is subtended by a
Chord bearing North 10'01'27" West a distance of 214.01 feet to the Northwest
corner of the Venus Avenue Right of Way;
-2-
THENCE North 03°45'51" East a distance of 369.60 feet to an angle point on the
Southeasterly boundary of that parcel of land described in a Quit Claim Deed
recorded July 7, 1998 as Reception No.98056794 of the Records of Larimer County;
The Next Five (5) courses and distances are along the Southeasterly boundary lines
of said parcel described in Reception No.98056794;
THENCE North 05025'39" West a distance of 135.10 feet;
THENCE North 65049101" East a distance of 310.00 feet;
THENCE North 36°58'10" East a distance of 281.98 feet;
THENCE South 89015'08" East a distance of 64.38 feet;
THENCE North 00°44'52" East a distance of 149.65 feet to the North line of the
NEIA of said Section 11;
THENCE North 88°31'52"East along the North line of the NEl/4 of said Section 11
a distance of 8.44 feet to the POINT OF BEGINNING.
Said parcel of land contains 378,226 square feet or 8.683 acres, more or less.
Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land
Use Code be, and the same hereby is, changed and amended by showing that the above-described
property is not included in the Residential Neighborhood Sign District.
Section 3. The City Manager is hereby authorized and directed to amend said Zoning
Map in accordance with this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 7th day of
October, A.D. 2008, and to be presented for final passage on the 21 st day of October, A.D. 2008.
Mayor
ATTEST:
Chief Deputy City Clerk
Passed and adopted on final reading on the 21 st day of October, A.D. 2008.
Mayor
ATTEST:
City Clerk
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