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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/18/2006 - ITEMS RELATING TO THE HARMONY AND SHIELDS REZONING ITEM NUMBER: 22 A-B AGENDA ITEM SUMMARY DATE: April 18, 2006 FORT COLLINS CITY COUNCIL STAFF: Cameron Gloss SUBJECT Items Relating to the Harmony and Shields Rezoning and Amendment to the Structure Plan. RECOMMENDATION Staff recommends approval of the amendment to the Structure Plan and approval of the request to reconfigure the pattern of existing zone districts northwest of the Harmony and Shields intersection by relocating the 17.9 acre area zoned NC,Neighborhood Commercial, presently sited in between the proposed Troutman Parkway extension and Wake Robin Lane, approximately 500 feet to the south. The Planning and Zoning Board voted 6-0 to recommend approval of the Plan amendment and requested rezoning. EXECUTIVE SUMMARY A. Resolution 2006-044 Amending the City's Structure Plan Map. B. First Reading of Ordinance No. 070, 2006, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for that Certain Property Known as the Harmony and Shields Rezoning. APPLICANT: Michael Markel 5723 Arapahoe Avenue#213 Boulder, CO 80303 OWNER: Darrell Knudson 17731 Irvine Blvd., Suite 202 Tustin, CA 92781 This is a request to amend the Structure Plan map and rezone a 58 acre parcel located on the west side of South Shields Street north of Harmony Road. The rezone would essentially reconfigure the pattern of existing zone districts by moving the 17.9 acre area zoned NC, Neighborhood Commercial, presently located in between the proposed Troutman Parkway extension and Wake Robin Lane, approximately 500 feet to the south.The resulting zone districts would include an NC- zoned parcel at the northwest corner of Harmony and Shields with the balance of the site zoned M- M-N, Medium Density Mixed Use Neighborhood. April 18, 2006 -2- Item No. 22 A-B BACKGROUND The surrounding zoning and land uses are as follows: N: M-M-N Vacant Pine View PUD (expired) R-L, U-E existing single-family residential (Mountain Ridge Farm Subdivision, Skyline Acres); Westfield neighborhood park S: R-L, U-E Existing detached single family residential (Westbury, Ridge, LMN Cottonwood Ridge Subdivisions), Front Range Community College; Harmony Library E: M-M-N; Existing multi-family residential (Woodlands Condominiums) R-L detached single family residential (Woodlands) W: R-L; Existing detached single family residential (Westbrooke, Regency Park LMN subdivisions); Johnson Elementary, Weber Jr. High School, Dragon's Lair Wetlands; Harmony LDS Church • The property was annexed and zoned on June 3, 1980 as part of a larger parcel of land bounded by Horsetooth, Harmony, Shields and Taft Hill Roads. The initial zoning was conditioned upon the property being developed as a Planned Unit Development (PUD). • The 67 acre Pineview Master Plan and First Phase Preliminary Development Plan were approved by the Planning and Zoning Board on October 26, 1981. The first phase included approval of 326 multi-family units (apartments and condominium units) on 26.9 acres located at the northwest corner of Shields and Harmony Roads. The approved Master Plan included the following programmatic breakdown: Tract A (Phase 1) 326 apartments and condominium units on 26.9 acres Tract B 77 apartment and condominium units on 14 acres Tract C Neighborhood Commercial Center on 16.5 acres with 140,000- 150,000 square feet of retail and non-residential uses. Tract D 97 townhouses and condominium units on 8.1 acres Tract E 124 townhouses and condominium units on 10.3 acres • Preliminary PUD plans for 80 apartment units (Tract B), a 157,500 square foot neighborhood shopping center (Tract C), 98 condominium units (Tract D), and 114 condominium units (Tract E), were approved by Planning and Zoning Board on July 25, 1983. • A one-year extension to the Tract C approval for a neighborhood shopping center approval was granted by Planning and Zoning Board on July 27, 1987. April 18, 2006 -3- Item No. 22 A-B • In 1997, City Plan was adopted and Neighborhood Center (NC) zone applied to that area between Wake Robin Lane and Troutman Parkway (extended) and the remainder of the property was zoned Medium Density Mixed Use Neighborhood (M-M-N). LAND USE CODE The regulations covering rezonings in the City of Fort Collins are contained in Division 2.9 of the Land Use Code. Section 2.9.4 (H) (2) indicates the following: 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 Comprehensive Plan; and/or (b) warranted by changed conditions within the neighborhood surrounding and including the subject property. Section 2.9.4 (H) (3) of the Land Use Code indicates the following: Additional 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; (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 natural functioning of the environment; (c) whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. APPLICANT'S REQUEST AND JUSTIFICATION Michael Markel, an authorized representative of the property owner, has submitted a rezoning petition and corresponding request to amend the Structure Plan. Reason for request: The commercial viability of this site and overall neighborhood cohesiveness is better suited by locating the existing NC zoning on the corner of Harmony and Shields and April 18, 2006 -4- Item No. 22 A-B moving the existing MMN zoning toward the middle of the site. Our reasons are as follows: 1. This shift of zones is just a "flip/flop" of existing zoning. The new zoning locations are essentially the same as before, just positioned differently on the site. 2. The existing lower density neighborhoods to the west of the site will enjoy a better transition with adjacent MMN zoning than directly backing to commercial. 3. Existing neighborhoods can easily access the neighborhood from Wake Robin Lane and also through the future Troutman Parkway extension that is part of the Transportation Master Plan. 4. A trail connection along the ditch-way will provide alternative modes for pedestrians to access the site from adjacent neighborhoods. 5. We have had interest from a regional grocer for the commercial to be located at the corner and not the center of the site. In addition,the applicant submitted the justification for a corresponding amendment to the Structure Plan in an attached letter. STAFF ANALYSIS City Plan Structure Plan Map Minor Amendment The City Structure 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 breaks down the subject parcel into three land use designations: Neighborhood Center, Medium Density Mixed Use, and Open Lands, Parks, Stream Corridors (Attachment 3). The applicant's request is to reconfigure the City Structure Plan designations such that the Neighborhood Commercial Center and Medium Density Mixed Use designations are"flipped". The resulting pattern would then relocate the south boundary of the Neighborhood Commercial Center approximately 500 feet from the present location and replace some of the former commercially- designated property with the residential designation. The applicant contends the City Structure Plan is in need of the proposed amendment because the neighborhood commercial center is not economically viable in its current configuration on the Plan. Market analysis from commercial developers,retail tenants and grocery store anchors has indicated the commercial center would be better served at a more visible location at the corner of the site. Review Criteria For Structure Plan Minor Amendments Appendix C of City Plan outlines mandatory requirements for public notice, review process and evaluation criteria for minor amendments to City Plan, including Structure Plan map amendments. The Plan text states: April 18, 2006 -5- Item No. 22 A-13 "A plan amendment will be approved if the City Council makes specific findings that: The existing City Plan and/or related element thereof is in need of the proposed amendment; and The proposed plan amendment will promote the public welfare and will be consistent with the vision,goals,principles and policies of City Plan and the elements thereof. " Relevant Principles and Policies of City Plan PRINCIPLE MMN-2: The layout and design of a Medium Density Mixed-Use Neighborhood will form a transition and a link between surrounding neighborhoods and the Neighborhood Commercial Center, Community Commercial District, Employment District, or an Industrial District,subject to adjustment for site-specific or pre-existing circumstances such as a major street,major drainageway, or existing development. Policy MMN-2.1 Size. A Medium Density Mixed-Use Neighborhood should extend an average of about one-quarter mile from the edge of the adjacent Neighborhood Commercial Center, Community Commercial District, Employment District, or an Industrial District, subject to adjustment for site specific or pre-existing circumstances such as a major street, major drainageway, or existing development. PRINCIPLEMMN-3:ANeighborhood Commercial Center will provide uses to meet consumer demands from surrounding Residential Districts for everyday goods and services, and will be pedestrian-oriented places as a focal pointfor the surrounding neighborhoods. Policy MMN-3.1 Land Uses/Grocery Store Anchor. A grocery store, supermarket, or other type of anchor (e.g., drugstore) should be the primary functional offering of these Centers. A mix of retail,professional office, and other services oriented to serve surrounding neighborhoods are the secondary offerings. The Neighborhood Commercial Center will provide locations for some limited auto-related uses. Policy MMN-3.2 Surrounding Neighborhoods. The Neighborhood Commercial Center should be integrated in the surrounding Medium Density Mixed-Use Neighborhood, contributing to the neighborhood's positive identity and image. Residents should be able to easily get to the Center without the need to use an arterial street. The City Structure Plan illustrates a future that uses neighborhoods as the primary building block to the community. Successful residential districts rely on the ability to support and benefit from a grocery store and other frequent destinations for its residents. These essential services are provided to residential districts in"Neighborhood Commercial Centers"which are denoted on the Structure Plan as either a red"dot"or polygon. Typically,Neighborhood Commercial Centers are 15-20 acres in size. Such centers are intended to serve as a true focal point for surrounding neighborhoods through not only goods and services but the provision of public gathering spaces and other civic amenities. April 18, 2006 -6- Item No. 22 A-B Neighborhood Commercial centers work in tandem with, and are surrounded by, Medium Density Mixed Use zone districts. The subject property provides both the Neighborhood Commercial Center needed to support surrounding neighborhoods as well as the higher density uses found within the medium density mixed use areas that concentrate housing within easy walking distance of services and that provide a transition to the surrounding lower density residential areas. Staff has reviewed the applicant's request for the Structure Plan Amendment and found it consistent with adopted City Plan principles and policies. Relocation of the Neighborhood Commercial Center and Medium Density Mixed Use Residential areas still allows both districts to function synergistically as envisioned under the Plan. The location of existing and planned future roadways, such as Wake Robin Lane to the west,Westbury Drive to the south,and the future western extension to Troutman Parkway to the north, will allow for direct vehicular, bicycle and pedestrian connections to the center. The size of the Center at 17.9 acres is in keeping with the 15-20 acres targeted for such districts. In many respects, the proposed reconfiguration is an improvement over the present City Structure Plan layout. Commercial uses located closer to the Harmony and Shields corner may provide the visual exposure needed for retailers to be more economically successful. The reconfigured Medium Density Mixed Use District arguably provides an even larger buffer and transition to immediately abutting low-density residential development to the west than the existing location. The applicant has not submitted an amendment to the Open Lands, Parks and Stream Corridors designation that crosses the subject property nor is there a requirement to do so in order for the parcel to be rezoned NC,Neighborhood Commercial. It is acknowledged that the illustration found on the Plan is a very rough approximation of the Mail Creek drainage, and the natural features"on the ground" do not coincide with the generalized pattern shown on the Structure Plan Map. Future development plans on the site will be subject to the requirements of Section 3.4.1 of the Land Use Code protecting significant habitat and natural features. Request to rezone by reconfiguring the Neighborhood Commercial,NC,and Medium Density Mixed Neighborhood, M-M-N,—Section 2.9.4(H) The request to reconfigure the NC and MMN zone districts is considered quasi-judicial (versus legislative) since the parcel is less than 640 acres. There are five 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 amendment analysis, staff has concluded that the proposal is consistent with the principles and policies of City Plan, and would be consistent with the Structure Plan if it is amended as proposed. April 18, 2006 -7- Item No. 22 A-B 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. The rezoning acknowledges the relocation of the Neighborhood Commercial district due to a need for greater market exposure. The NC and MMN districts on the subject property have not developed to date under the vision of City Plan, in part due to the location of the NC district on the subject property. C. 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 amendment will improve the degree of compatibility between potential future commercial and residential uses and surrounding lower density residential areas. The reconfigured Medium Density Mixed Use District provides a larger buffer and transition to immediately abutting residential development to the north and west than the existing location. Rezoning still allows the Neighborhood Commercial district to work in tandem with the Medium Density Mixed Use zone district. The subject property provides both the Neighborhood Commercial Center needed to support surrounding neighborhoods as well as the higher density uses found within the medium density mixed use areas that concentrate housing within easy walking distance of services and that provide a transition to the surrounding lower density residential areas. D. 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. Immediately abutting the property to the west is a stormwater detention/wetland area referred to as the"Dragon's Lair Wetland"owned by the City of Fort Collins. In the year 2000, a volunteer group, Trees, Water and People,worked cooperatively with the City of Fort Collins to reconstruct the wetland and further enhance it with native vegetation. There is no evidence that the rezoning will result in significant adverse impacts to the natural environment on-or off-site. At such time that detailed development plans are submitted,the applicant will be required to submit an Ecological Characterization Study,identifying wildlife habitat areas,wetland boundaries,wildlife movement corridors and other natural features and how impacts can be avoided or mitigated through buffer zones and other measures. April 18, 2006 -8- Item No. 22 A-B E. Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. As it is proposed to be amended, the rezoning is consistent with the development pattern envisioned under the City's Structure Plan.The revised neighborhood center still focuses the commercial service in a way that best supports neighborhoods as the basic building block to the community. FINDINGS OF FACT AND CONCLUSION In evaluating the request to amend the Harmony and Shields Structure Plan minor amendment and rezone, staff makes the following findings of fact: A. The proposed amendment to the Structure Plan will promote the public welfare and will be consistent with the vision, goals, principles and policies of City Plan and the elements thereof. B. The rezoning satisfies the criteria of Section 2.9.4 of the Land Use Code, assuming that the Structure Plan is amended as proposed. NEIGHBORHOOD INFORMATION MEETING Although quasi-judicial rezone applications are exempt from the neighborhood meeting requirements, the City sponsored a neighborhood meeting on February 27, 2006 at the Harmony Library located cater-cornered to the property. Comments raised at the neighborhood meeting ranged from land use and transportation impacts, environmental impacts and potential future land development patterns.A detailed meeting summary has been provided as an attachment. STAFF RECOMMENDATION Staff recommends the following: A. Approval of the requested Structure Plan Map amendment,reconfiguring designations for the Subject Area on the Plan, moving the Neighborhood Commercial Center, presently located in between the proposed Troutman Parkway extension and Wake Robin Lane, approximately 500 feet to the south, and designating the balance of the property Medium Density Mixed Use Neighborhood. B. Approval of the requested rezoning, changing the zoning of the subject area, the NC, Neighborhood Commercial zone district, presently located in between the proposed Troutman Parkway extension and Wake Robin Lane,to approximately 500 feet to the south, and zoning the balance of the property M-M-N,Medium Density Mixed Use Neighborhood. April 18, 2006 -9- Item No. 22 A-B PLANNING AND ZONING BOARD RECOMMENDATION The Planning and Zoning Board, at their regular monthly meeting on March 16, 2006, voted 6-0 (Stockover absent) to recommend approval to the City Council of the change to the City Plan Structure Plan map and approval of the requested rezoning. During the course of the Planning and Zoning Board hearing,there was substantial public testimony about the perceived impacts,both negative and positive,the rezoning would potentially have on the surrounding area. There was considerable discussion at the hearing regarding projected environmental impacts. Several speakers cited the potential threat that future development would have on natural habitat and features located both on-site and within close proximity. Of particular concern was the impact to existing wetlands. Some speakers specifically requested the City purchase the site as a Natural Area. Requests were made to the Planning and Zoning Board by area residents to consider the traffic impacts that might arise due to the relocation of the neighborhood center. In addition to the increased traffic volumes along both Harmony and Shields Street, speakers cited concerns about other perceived traffic impacts to the surrounding area, including: • Increased traffic volumes and speeds along Wake Robin Lane from the site and through the neighborhood. • Traffic volumes along Seneca Street will increase due to the lack of street network accessing the area;this will cause a potentially dangerous condition for pedestrians and motorists accessing the adjacent elementary and junior high schools and Westfield Park. • No sidewalk exists on the southside of Harmony Road near the project site. • The City has not installed traffic calming devices within the neighborhood. Comments were also received about potential diminution ofneighborhood property values,aesthetic degradation, and perceived lack of market for a grocery store, retail or other similar services. ATTACHMENTS 1. Zoning exhibit 8 %" x I I"plan set 2. Existing and Proposed Zoning Maps 3. 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Qi •�,r�rf�tl[r.s' .Y I\\� ����� itr �. �i �irrrs, . f, �V. rart ►�� � - ' IIII111ltlatl � ar fit''• _ � =1== =�' `►���;•� .� SEE■► s � 1, lr�c i ■■■■�+` p; Yau� �tll� �� i1 r��I�I�•�i s ..� err j i of r.('a 1/ �I 'r IlI��111L♦����i� i���Ir! �t � v It all 11�fiwrr�. � .. sr /r� i..iY:1�� /�i :• v \ � _ 'i i� .f t a= Uln, •r i� 11111{11i►�� - = ZZ FWD" sI -� n � •rL -• -- .oar.►-, will ow- M- 913 aim Milli lllllllli min-ml .11 �i -. • l` �r` • ��l<44 rr►` ��. • Me �,{xs• ,i�3rua rrt�,��•IWO� _= IIl1liUtlatl� ♦ �� ,i a Sias Li ■■■■��� ►� ti djtW�E lid =. v441 1 NINNIES :•` �� „�1� ► e W"6";"■= � Q l ne �, �, y� •� ILI OT M ch 41 I . r ti ATTACHMENT Markel Markel Homes Construction Company 5723 Arapahoe Avenue,#2B Boulder, CO 80303 303-449-8689(office) 303-444-2798(fax) 17 February 2006 Cameron Gloss Planning Director City of Fort Collins 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522-0580 RE: Request for minor amendment to Structure Plan Concurrent with Harmony and Shields Rezoning Application Dear Cameron: We request that the City of Fort Collin's Structure Plan be amended to match our application for the Harmony and Shields rezoning map. The amendment would move the Neighborhood Commercial Center designation to the northwest corner of Harmony and Shields.The Medium Density Mixed-Use designation would be moved and transition away from the commercial corner to be contiguous with the other Medium Density Mixed-Use area on the Structure Plan. The existing Structure Plan is in need of the proposed amendment. The neighborhood commercial center is not economically viable in its current configuration on the structure plan. Market demand from commercial developers, retail tenants and grocery store anchors is for the commercial to be located at the corner of the site. A more appropriate transition to existing lower density homes can be accomplished by moving the commercial to the corner and placing residential in the middle of the site. The proposed amendment will promote and maintain the existing public welfare and will be consistent with the vision, goals, principles and policies of City Plan as outlined below: Land Use The requested rezoning map will provide a compact urban design that will be conducive to pedestrian and transit use. The infill site will enhance the character and sense of place by increasing the visibility of commercial uses along Harmony and Shields and provide a cohesive sense of place by having the residential together. Transportation The requested rezoning map will implement land use patterns that will support effective transit, an efficient roadway system and provide for alternative transportation modes on trails and pedestrian street design. ATTACHMENT REVISED Harmony & Shields Rezoning Neighborhood Meeting DATE: February 27, 2006 TIME: 7:00- 9:00 pm MEETING LOCATION: Harmony Branch Library-Community Room CITY STAFF PRESENT: Cameron Gloss, Current Planning Director John Lang, Transportation Project Manager g P J g QUESTIONS, CONCERNS, COMMENTS, RESPONSES 74 Neighborhood residents and interested parties attended the advertised neighborhood meeting. The meeting began promptly at 7:00 pm and concluded at approximately 9:10 pm. Following introductory remarks and the introduction of individuals representing City staff and the applicant, Cameron Gloss provided an overview of the requested rezoning. Images portraying existing and proposed zone district patterns were projected on the screen and reviewed by Mr. Gloss. Michael Markel, representing Markel Homes, displayed a conceptual development plan and acknowledged that, while the request at hand was limited to the rezone request, he is interested in making a good faith effort to portray potential future development of the property. Neighborhood residents generated the following questions, comments and concerns. Most responses were provided by staff at the meeting, although follow-up research was necessary in some cases. Q = Question A = Answer C = Comment Q: Will the offsite wetland (known as the "Dragon's Lair") be retained? Is this property owned by the City? 1 A: Yes to both questions. Q: How will existing stormwater flows be addresses through development? A: Detailed stormwater engineering is required for both on- and off-site flows and is evaluated at the time that the development plans are reviewed. Q: Could the city purchase the site as a Natural Area? A: Probably not. The site does not appear to possess significant natural habitat to warrant land purchase. Q: What types of housing/commercial uses are being contemplated? A: Mixed use, multi-generational housing with a range of housing types; there may be a potential for co-housing. Q: Will the proposed north-south street running through the site be required to align with Westbury Drive? A: Yes. C: Not a good thing to have services near housing — residents don't mind driving further to get to services. Q: Is there an opportunity to change the City's Comprehensive Plan? A: Revisions to City Plan are conducted in two distinct and different procedures: Comprehensive Updates and Minor Amendments. The 5-year Comprehensive Update to City Plan was approved in 2004; therefore, the next scheduled update then will not occur until approximately 2009. 2 City requests for a Plan Amendment will be considered by the City Council no more frequently than twice per calendar year unless directed by City Council upon receipt of a recommendation from the Planning and Zoning Board. Plan amendments initiated by City Council, City staff, boards and commissions may be processed at any time. Q: How does the applicant define "affordable housing"? A: Housing sale prices in the $200,000-400,000 range per unit. Q: What transportation improvements are being contemplated? A: `Building on Basics" was approved by citizens in the November election and will help fund transportation improvements. The #1 priority is widening Harmony Road from Seneca to College Ave. The City's Transportation Department hopes to be under construction by end of 2007 —with the improvements completed by 2010. There will likely be multiple construction phases. Phase 1: Harmony Road from Seneca to BNSF railroad tracks — roadway design and ROW acquisition 2006 Phase 2: Shields/Harmony Intersection Phase 3: Harmony from Mason to College C: There will be additional traffic impacts to WakeRobin Lane that will be at the detriment to the adjacent neighborhood. Q: What kind of traffic mitigation will take place on WakeRobin due to the proposed construction and Harmony Road widening? A: No mitigation design for WakeRobin or adjacent streets will be completed until after the Development Plan approval stage. Q: How is the neighborhood benefiting from the rezoning? A: The rezone moves "negative" commercial impacts away from the neighborhood to the west. Allows a shorter, more convenient route from the neighborhood to services. 3 C: Irrigation ditch is a wildlife corridor. (Yes, the corridor is designated by the City as a wildlife movement corridor and is subject to a 50 foot wide buffer area as measured from the top of the ditch bank) Q: How do you address flooding issues? A: The subject property is not in a floodway. All on- and off-site flood impact need to be addressed through site design. C: Transportation Master Plan improvements are based on 20-year traffic projections that take into account existing and future development given present zoning classifications. Q: Does the '/4 mile separation requirement (to Seneca Center) apply? A: The separation requirement would prohibit construction of a convenience store with fuel sales. Q: What is the projected timeline for development? A: Rezoning is the first step. The applicant is projecting a 12-18 month design and entitlement period prior to the start of construction. Full site development is projected to take 6-7 years to complete. Q: Why is the detention/natural vegetated area (off-site) zoned MMN? A: There is no good explanation for the zone designation since this is a City-owned detention and wetland area. Q: Is there a need for the potential amount of retail and services that could be accommodated on-site? A: The applicant has completed market research indicating that there is sufficient demand. Q: If the rezoning is not approved, will retail still be built? 4 A: Possibly, but the neighborhood center would likely be less viable under the presently approved location. Q: Is there a neighborhood center proposed at Trilby and Shields? A: No. Q: Is there hard data showing how neighborhood centers reduce vehicle miles traveled (VMT)? A: Yes. The City completed computer modeling of various land use scenarios when City Plan was evaluated which indicated that strategically placed neighborhood centers would successfully reduce VMT. Studies completed outside Fort Collins have generated similar results. Q: Can the neighborhood see the data (referenced above)? A: Yes. Q: Will Harmony Road be widened even if development doesn't occur? A: Yes. C: Area residents want the neighborhood center to be an economic success. C: Moving the NC zone to the corner may provide an opportunity for parks/open space on the remainder of the residential site to the north. Q: Is there any hard data showing that this type of development can increase nearby property values? A: Yes. See studies generated by Urban Land Institute (ULI). C: Light pollution may have a greater impact to properties to the south as compared to the existing NC location. Q: Where is the west property line? 5 A: It lies just west of the ditch (approximate). C: Several comments were made about the perceived diminution of property values as a result of the neighborhood center's construction. Q: How will the additional housing impact the schools in the area, namely those on Seneca? Will this be looked into? Who is responsible for determining/addressing the impact? A: At such time that a development plan is submitted to the City, a referral is made to the Poudre School District (PSD) and comments from the district are included in deliberations during the project's review. The City relies on the school district's response when making a recommendation about the development plan. Q: Has anyone considered the use/lack of use at the commercial center located at the southeast corner of Horsetooth and Shields and how it will impact this decision? This commercial center is home to restaurants, a salon, optical store, and other ventures. It also has empty space. Additionally, the developers of the property intend to construct another building on the premises. I question the need of a commercial center at the corner of Harmony and Shields based on the close proximity of existing commercial property. A: The NC - Neighborhood Commercial zoning of the subject property promotes a much broader range of uses than the Seneca Center. It is more strategically placed further to the east along Shields to take advantage of existing neighborhoods that need services needed by area residents a regular basis--primarily a supermarket or full-service grocery store and other neighborhood support services. As a sidenote, the developers of Seneca Center have indicated in previous discussions with City staff that the balance of the property will likely develop with office uses , not retail, given the relative lack of traffic in that area and limited visibilty of the building. 6 ATTACHMENT Community Planning and Environmental Services R E C E I V E D City of Fort Collins. MAR 0 7 2006 Attention: Cameron Gloss, AICP CURRENT PLANNING Director of Current Planning. Re: Harmony and Shields Rezoning, #1-06 Dear Sir: I attended the meeting at Harmony Library Tuesday night when the above rezoning was discussed. My house backs onto the ditch that runs through this property. Although 1 enjoy having the open field behind me, I ]mew when I bought the property that this land would be developed some day and I also knew that it was partially zoned for commercial. Therefore, I do not think I have any right at this time to complain of the proposed development. I thought the plan presented was nice. I am in favor of the proposed rezoning change. I have confidence that the city will do whatever they can to make this area a nice neighborhood. I was impressed at the way you and the developer conducted the meeting. I did not think the opposition to the plan had any merit. Yours truly, mat 6 Joan Morthole 4126 Westbrooke Dr. �'11�zL,, � 2ooro Cameron Gloss - Rezonin at Shields and Harmon Pa e 1 From: "Gail Wallis" <ga.wall@comcast.net> To: <cgloss@fcgov.com> Date: 02/27/2006 11:15:32 AM Subject: Rezoning at Shields and Harmony Mr. Gloss, As residents of the Regency park subdivision, we strongly oppose the zone change at the Shields and Harmony intersection. Our opposition stems from two primary concerns: 1) the Shields and Harmony intersection already is extremely congested and dangerous (there was a traffic accident there just this morning, in fact). A shopping mall at that location will certainly create a great deal more congestion and danger at the intersection. 2)The proposed shopping mall is too close to the Dragonfly's Lair wetlands. This is a lovely and delicate area that surely would be adversely affected by a mall. We regret that prior commitments prevent us from attending tonight's meeting at the Harmony Library. Nevertheless, our concern is strong. We ask that the Shields and Harmony intersection not be rezoned. We ask that any shopping areas be limited to the area west of Shields and north of Wakerobin. Thank you for your time and attention. Sincerely, Gail and Lyle Wallis 1436 Hilburn Drive CC: <Lyle.Wallis@Decisio.Net> Cameron Gloss RE: Harmony & Shields Neighborhood Meeting Summary From: claussen <claussen@lamar.colostate.edu> To: "Cameron Gloss" <cgloss@fcgov.com> Date: 03/09/2006 9:00:10 AM Subject: RE: Harmony& Shields Neighborhood Meeting Summary Cameron, Thank you for the summary.ln case that I am not at the March 16th hearing, I want you to know that 1 support the proposal to rezone.The issues of design, traffic, hours of truck access, building height, etc. are of more importance to me at this point. Sincerely, Brian Claussen 4529 Hilburn Ct. Ft. Collins, CO.80526 . Cameron Gloss- Harmohy and Shields Pa e 1 From: <ranross@gmail.com> To: <cplanning@fcgov.com> Date: 02/28/2006 7:11:50 PM Subject: Harmony and Shields I was at the meeting for the rezoning last night at the Harmony Library. I was concerned with the type of development, buffers, and with Dragonfly Lair. My concerns were met to the degree that I am looking forward to the improvements to my neighborhood. I am also embarrassed at the tone, questions, comments and general closemindedness of many of my neighbors at the meeting. The city staff and developer showed incredible patience. Randy Ross Cameron Gloss - Harmony Shields Rezoning - _ Pa e 1 , From: "Melanie" <kmhlmanning@comcast.net> To: <cgloss@fcgov.com> Date: 03/13/2006 3:45:27 PM Subject: Harmony Shields Rezoning Dear Mr. Gloss, My wife and I along with our two children live in the Westbury subdivision (1219 Mariposa Ct.), which is within the prescribed notification area for the requested rezoning of the property on the northwest corner of shields and harmony. I was unable to attend the neighborhood meeting regarding the request to rezone the property, and I am unsure whether I will be able to attend the planning and zoning meeting on Thursday. Accordingly, I am sending you a brief message detailing my point of view on the issue. As you well know, with any rezoning request, some individuals stand to gain and others lose. We moved into our home with a clear understanding of the zoning of the adjacent properties. While we would have preferred a lower density zoning, we decided that the MMN zoning that is currently in place for the south-side of the property in question, provided an adequate buffer between the NC zoned area (to the north) and our neighborhood. It is extremely frustrating to have purchased our property with this understanding and to now be at risk of losing this MMN 'buffer." Clearly, our property value and the quality of our experience in our neighborhood would be adversely impacted by the zoning change. Perhaps the change would benefit some neighborhoods to the west. However, these residents to the west should have been aware of the current zoning prior to purchasing their homes. If they were not aware, and failed to adequately research the zoning of the adjacent(undeveloped) property, that is unfortunate, but beside the point. They could have decided not to purchase a home that is relatively close to an NC designation, as we would have if the NC designation was closer to our property(as is being proposed). A city plan and associated zoning was in place when we purchased our property, and in our opinion, it is unfair to make this change. Thanks for your consideration of this point-of-view and I would appreciate it if you would strongly represent our perspective during your presentation to the Planning and Zoning board. Sincerely, � . . � . 0 ® \ / % { ƒ � - ` k � I�jj - � r \ . 2 ■ \ g J � � { 0 9 � ) \ 3 18 , ) o ck, , rj N UN •N A r A s � � �. 9 �, �, ry OC d a ?, t Mom. � M � � m aV a a W Qd o _ of w 9 5 'mcC 0 o �o V S s s d .Z V w a' IL TJ S 0 'o 's 3 "� Z a` m tia` tin rn0.0 v� c� � a moo` 00 ti . � � ( \ 1-7 $ � g c� & e w > \ / r6 k \ � 2m -Jo 760 � - ' VI) / \ D } 7 , - , ) & iz 2 / / \ ƒ r o - w + w 4 . � 2 0 m SO ^~r � o ' i 60 Nn C'' rid li V U t m S Ir a O y N st Nn cl (ACl w M M a �NT a U 0 ,N�l eo f Z al3 � 3 � z U .k 3 z a a is iz iN n a a a n i V 'Y� 1 '0 ae C V J e �e a �j J, Z x ) v p vn g a V H n ma's c I � i $ , 1, to a NL o � U5 n' cC U v 1 ow a41b x a � � N �- o a cu \ « \ \ � � . C6 . ƒ 2 \ / $ � / e % _ 2 , ■ . 6 rd22 \ } ; ak7 7 \ . a J � • .@ , Q� ®� , J � x ■ _ � % � � p ) rn \ ) / k / k \ k rA March 13, 2006 Dear Cameron, I attended the rezoning meeting at Front Range Community College several weeks ago. As an adjacent home owner, I have serious reservations about the rezoning request. I do not favor moving the NC area to the comer of Shields and Harmony because of the following reasons: Traffic: The traffic is already an issue that will not be alleviated in the near future. I realize that Shields will be widened but that may not even be adequate to address current traffic problems. Assess to the Harmony Library is problematic. Students are rushing in and out of the Shields exist every hour. Thousands of students flow in and out of the school. It is not like a business with traffic at 8:00 am and 5:00 pm. Schools: Johnson Elementary and currently does not have the resources to adequately meet the needs of the students. Several classrooms at Johnson have thirty students or more which is above the recommended ratios for an elementary school. Is the developer willing to invest funds for expansion of the elementary, intermediate and community? Open Space: The area has valuable habitat in terms of old growth forest and wetlands. The educational displays could be expanded to other areas of the property but it will likely be destroyed with the noise and congestion. The area on the corner is a wetland area for flood run-off. Can't the city get water conservation credits for designating it as a protected area? Commercial Value: The shopping centers on Harmony and Shields in either direction are not at capacity—why set up competition for local businesses struggling to make a profit? Public Opinion: Current residents on Wakerobin and Shields are not in favor of the rezoning. No-one at the public hearing welcomed the idea. Current residents bought property to raise their children in a quiet safe area—having a tavern or shopping center aimed at transient customers will not enhance the quality of life in our neighborhood. Sincerely, Kyle McVey Wakerobin Court Cameror Gloss- Rezoning Pa e 1 From: "Russo, Rosemarie" <Rosemade.Russo@frontrange.edu> To: <cgloss@fcgov.com> Date: 03/14/2006 8:46:50 AM Subject: Rezoning To: Cameron Gloss From: Or Rosemarie Russo Date: March 14, 2006 RE: Rezoning# 1-06 (Harmony& Shields) I am writing to express my concern about the rezoning request. I attended the public meeting at Front Range but will not be available for the March 16th meeting. I currently live and work in the area and experience traffic back-ups on a daily basis. Neither Harmony nor shields has the capacity to handle the current traffic patterns. At the intersection are high-density apartments, a library and a college with continuous traffic in the day and evening. Given the time line of the traffic engineer, it does not seem likely that the traffic will be addressed in a timely manner without the additional flow a neighborhood commercial district(shopping/tavem/business center)will create. My second concern is with the property value of existing homeowners. Presently Fort Collins is a buyers market-there is an overabundance of homes in the price range that the developer cited in the meeting. If we continue to build shopping centers than the current businesses owners also suffer. Fort Collins has 2 million square feet of unused commercial real-estate now(Coloradoan) -the capacity for sustained economic interest was not presented during the last public meeting. Another issue is that of accessible open space- not property up near the Wyoming border. The zoning code notes that natural habitats such as wetlands, native grassland and wet meadows should be buffered and/or replaced. No mention of the replacement value was presented -the irrigation ditch serves as a wildlife corridor and species such as Blue Heron and raptors have been cited in the area so this needs to be addressed by the developer(Zoning Code 3.4.1). Children need to have undeveloped areas to explore. The area in question is between three schools - it would make an excellent community garden or outdoor classroom. We need to address as a community what the standardized tests are neglecting. Cameron Gloss- Rezoning Pa a 2 ' Trails could be constructed between the three surrounding schools to promote Fort Collins as a Wellness City. Circuit trails and/or a climbing wall could be constructed to promote physical activity for our children. Currently, Fort Collins violates Colorado's visibility standards 1 in 4 days or 23% of the time (EPA website) - do we need to add to the air pollution problem with more traffic and businesses. Isn't health a community value? I personally will volunteer my time to pursue grant opportunities to promote these ideas. I trust the Planning and Zoning Board and City Planning staff will contemplate these issues at not rezone the area at all. Thank-you for your consideration. Cameron Gloss- Ref. Harmon y. and Shields Rezonin # 1-06 From: <RESENN@aol.com> To: <cgloss@fcgov.com> Date: 03/14/2006 12:20:21 PM Subject: Ref. Harmony and Shields Rezoning# 1-06 Cameron Gloss, A/CP Director of Current Planning I would like to register my vote in favor of rezoning a portion of a 58 acre parcel located at the northwest corner of Harmony and Shields for the following reasons: 1. It is evident that the 58 acre parcel will include a shopping center. It's relocation to the comer of Harmony and Shields not only makes it more accessible, but protects the residents on the east side of Westbrooke Cr. 2. 1 believe that residents that purchased in the affected area were aware that such a piece of prime property along Shields would eventually of public use. 3. As a retired resident, I purchased my property with the hope that there would be facilities available for groceries, restaurant, etc.within walking distance of our home. 4. Because of growing traffic and fuel consumption problems there is an increasing tendency to bring basic facilities closer or integrated to new neighborhoods making these facilities within walking distance. 5. 1 do not think that the wetlands area will be affect, especially since there will be a buffer area of homes between that area and the shopping center. 6. It is inconsistent to be concerned about the possible increase in traffic when the same people are willing to travel to other areas for their services requiring additional city services and using more and more fuel. 7. The vast majority of the residents who opposed the rezoning at the first meeting live considerable distance from the proposed new shopping area. Many seemed to be opposing for the purpose of opposing. There were too many chips on shoulders to present a balanced and unbiased opinion. 8. 1 firmly believe that with careful planning and development the new area can and will be an pleasant and helpful addition to our community and neighborhood. 9. It is unrealistic for residents to expect the owner of the area in question to not make the best of his or her property. They did not buy it and keep it for altruistic purposes. They deserve the same right to develop their property as today's residents have of protecting the value of their property. 10. 1 am confident that a well-developed shopping center at the proposed corner and the accompanying residences will increase the value of our properties. Thank you, Richard Senn ATTACHMENT 8 • Harmony and Shields Structure Plan Map Amendment � Rezoning April 18, 2006 City Council Meeting aiiiiit aioh.n.naarr.em� '� v� r J YES w. G 1®f 14nw011Y1YilaYwl W��Y MyI�fLYp r Q�� • 1 rw I a EIB EO f� A hfara r-hy or CMMefda/Aleas MMLS%semndiny usies Uo-m aighboriimd camel Neiglrmrirwd Commadal Carter Semdary Camnedal in EmploymenVIndustrial Cyr Cmmadal Hamm W Corridor Centers r Harmony Corridor Semndary Uses College Dorrrmorrrr 2 � x1��,51"i " .., r�,� �..:..-. �'� �r� ,� � ; ., ,.''"' �. .., ��s ';� '�, . .. , x � � � �r 6. �di x . R - j. �., .+r �x. )'.�E ��D�. � . r�-� R �, . �w !' r'- Yk -/rr; i MFmtsMe Dffe me ace b e h wen a n L 44-N zon e d D+g40whoadCe»laraWan zoned AWqh&m)avd ? Im . NC •U sal rafts pbi► . l mb ra perm y sv¢aa mvbe arm •Flom*' Wm . Prmo*oft t0 Y (J)ol p11ap4 5ery wW4 a UwMd ebb lMVs . appmmut*1 20 1�ba5 aa6 . NoBbtWupaDWMUCAbn 16 .WNera¢dpenYped .the g 'arcs .Drirrn�Caik6Te a WZ.3) tlnespemYlb7 . No fOwregiAn➢ bmam 4 • k 10 IVIVIV vs. NC Ug?s Detached and Attached - All MMN uses,F S Resldentizl - Stargard Reata. s Fast hod R au-M w/p cl e . Group Homes,boarding& thm h rooming Muses Groton Stares - Chufdtet,Schods, Heats OuC Community/Public Factibes FamoYs Markets Ptxspnal aril busness wvi¢stops Secondan Uses(<15%): Cpnen retall wRhmt fuel sales B&S's,c wen retail w/o b with N sales d&'mile awd fuel sales,aft sbdloWgMenes, Petek dhild/adult tare MrtHs, Cass Stators pefsdNl and!bu9n Eaulpnaht Rental w/o storage servka,offices,flnandal PMe Stops Food Catering services,clinics,i,...! mded Witless Egw"wl use restaurants Uf PoSfc.Vex OnIM d=radphKJubs,wsvrs, • Ns 5 Ermronmental Aspects line Nab"Areas slait has evaNwbM the ropMy based on rnabeal habitat and teabaes present onn`the site and tend rt for prospec ive purchase as a !{mraf Area. AN significant natural features found on the site,and snrn ateh adjacent,will be protected based upon estad� ulations within the Land Use Code.Such �prikkimon will largely take place through avoidance of kayo and the use of buffer zones around the prshected natural resources present,e.g.-wetlands, animal movement corridors,and significant trees. r p�r ; ''7"4 xs 6 rl>A� y°.+Mky^St a' �l I W Transport3bw IempaCtm _ r�and week capbl PMFd(saw m cmaege aK)r fmckq apprapiwb4 wwFwAwmift w* �sacwd fal mm thmsgin moo Tafk ww be 9mmated p edmm *ftm the east a morph and thnanrgln the Hammy aid 431 1 resectm.Tips g .ed . gi and bw meqbba0m&brated b the we4 wi not sgdbmdty �iacn� RmEmloiaNd �eg my norm- 'adPol�°ey, w wd as viaWd Ow�t AbW wi be Mak d the y IkidMaa —fang aM,resdams batrd ID the ww��. I 11 site g 1 and a�lmus a[suth�ade�elopnm[�p�is _. mm for a mdocomd Canes 6 Oasnd gnon a prighe•� - RESOLUTION 2006-044 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY'S STRUCTURE PLAN MAP WHEREAS,the City has received a request for an amendment to the Structure Plan Map and for rezoning of certain property located along the west side of South Shields Street and north of Harmony Road, which property is known as the "Harmony/Shields Rezoning"; and WHEREAS,the Council finds that the proposed zoning for the Harmony/Shields Rezoning complies with the Principles and Policies of the City's Comprehensive Plan, as well as the Key Principles of the City's Structure Plan, but does not comply with the present land use designation shown on the City's Structure Plan Map for that location; and WHEREAS,the Council has determined that the proposed Harmony/Shields Rezoning is in the best interests of the citizens of the City and comports with the City's Comprehensive Plan except for the City's Structure Plan Map; and WHEREAS, the Council has further determined that the City's Structure Plan Map should be amended as shown on Exhibit "A" attached hereto. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council finds that the existing City Plan Structure Plan Map is in need of the amendment requested by the applicant for the Harmony/Shields Rezoning. Section 2. That the City Council finds that the proposed amendment will promote the public welfare and will be consistent with the vision,goals,principles and policies of City Plan and the elements thereof. Section 3. That the City Plan Structure Plan Map is hereby amended so as to appear as shown on Exhibit "A" attached hereto and incorporated herein by this reference. Passed and adopted at a regular meeting of the City Council held this 18th day of April,A.D. 2006. Mayor ATTEST: City Clerk ® CITY OF FORT COLLINS STRUCTURE PLAN t ir�of Pre C'uilims i Wellington l000 ------------- I — --,r------ i� � r Fort Collins - - -r r Wellington - `r, _ Separator - T Qouglas J La Porte Bellvue ,BrN _r- Country Club I - Mountain Nista o � I � � O Csu a r � �-yI ti Foothills : �-`� Campus I - GMA Expansion . . . �.. y _ . Area MulGcl1 H 14 Lory State am Park - csu 1 Prospect I - , _ I N C.sV - r adlmr N � U v J i ' Drake 1 I i �• Fort Collins - Tim nath I Horsetooth Separator 0SH01setooth Mountain ,_ -_. _ I r — Park Timnath rt Collins - - ninath - LWindsor Se orator i Ir Wildflower r�C�l o rainy pans -1 rJ rea GarlJenter — H Fort Collins 2s7 Loveland- Separator Windsor QRc38 Loveland 0 0.5 t Boundaries Districts 0 ITT5iiiia Miles ,,,,gi�pp 0IndiWal District Edges Corridors 1�.2J Fort Collins GMA Downtmn District ''�4, r��88{{�� Community Separator N Enhanced Travel Corridor (Transit) f�dPotentiel GMA Expansion � Canmuniry Commercial District Neighborhoods ``,44J�LI p Foothills � Poudre River Corridor r� Other City GMA Commercial Corridor District I- khan Estate veil � Rural Lands Poudre River Planning Area dF Neighborhood Commercial Center Low Density Mized•Use Open Lands, Parks, Stream Corridors EV Adjacent Planning Areas Campus District Medium Density Adopted Mized-Use ^/ May 2, 2006 City Limits Employment District ORDINANCE NO. 070, 2006 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 HARMONY AND SHIELDS 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 the 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: Section 1. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby amended by changing the zoning classifications from "MMN", Medium Density Mixed Use Neighborhood Zone District and the"NC"Neighborhood Commercial District,to"MMN",Medium Density Mixed Use Neighborhood Zone District and "NC" Neighborhood Commercial District, essentially exchanging zone districts for part of the property, for the following described property in the City known as the Harmony and Shields Rezoning: LEGAL DESCRIPTION PROPOSED ZONE NC A PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION 34,TOWNSHIP 7 NORTH,RANGE 69 WEST OF THE 6th PM, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING:THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 34, BEING MONUMENTED AT THE SOUTHEAST CORNER OF SECTION 34 BY A 3 1/4" ALUMINUM CAP WITH ILLEGIBLE MARKINGS IN A MONUMENT BOX AND AT THE EAST ONE-QUARTER CORNER OF SECTION 34 BY A 3 1/4" ALUMINUM CAP MARKED "JR ENG 1996 LS 24307", WHICH IS ASSUMED TO BEAR S00'00'10"W. COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST ONE-QUARTER; THENCE NO`00'10"E,ON THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER,A DISTANCE OF 1148.44 FEET; THENCE N89'49'31"W, A DISTANCE OF 50.00 FEET, TO THE WESTERLY RIGHT OF WAY OF SHIELDS STREET,AND THE POINT OF BEGINNING; THENCE S00`00'10"W,ON SAID WESTERLY RIGHT-OF-WAY,A DISTANCE OF 1083.44 FEET,TO A POINT OF CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 89'55'44" AND A RADIUS OF 15.00 FEET, A DISTANCE OF 23.54 FEET, THE CHORD OF SAID CURVE BEARING S44°58'13"W, WITH A LENGTH OF 21.20 FEET, TO A POINT OF TANGENCY, AND THE NORTHERLY RIGHT OF WAY OF HARMONY ROAD; THENCE S89'56'16"W,ON SAID NORTHERLY RIGHT OF WAY,A DISTANCE OF 827.85 FEET; THENCE N00°03'44"W,A DISTANCE OF 411.52 FEET,TO A POINT OF CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 46'51'02" AND A RADIUS OF 400.00 FEET, A DISTANCE OF 327,08 FEET, THE CHORD OF SAID CURVE BEARING N23'2147 E,WITH A LENGTH OF 318.04 FEET,TO A POINT OF TANGENCY; THENCE N46°47'18"E,A DISTANCE OF 448.14 FEET,TO A POINT OF CURVATURE; THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT,SAID CURVE HAVING A DELTA OF 40`33'24" AND A RADIUS OF 235.62 FEET, A DISTANCE OF 166.78 FEET, THE CHORD OF SAID CURVE BEARING N56`39'03"E,WITH A LENGTH OF 163.32 FEET,TO A POINT OF NON-TANGENCY; THENCE S89'49'31"E,A DISTANCE OF 254.16 FEET,TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 17.95 ACRES. LEGAL DESCRIPTION PROPOSED ZONE MMN A PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION 34,TOWNSHIP 7 NORTH,RANGE 69 WEST OF THE 6th PM, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING: THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 34, BEING MONUMENTED AT THE SOUTHEAST CORNER OF SECTION 34 BY A 3 1/4" ALUMINUM CAP WITH ILLEGIBLE MARKINGS IN A MONUMENT BOX AND AT THE EAST ONE-QUARTER CORNER OF SECTION 34 BY A 3 1/4" ALUMINUM CAP MARKED "JR ENG 1996 LS 24307", WHICH IS ASSUMED TO BEAR S00°00'1011W. COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST ONE-QUARTER; THENCE NO'00'10"E,ON THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER,A DISTANCE OF 1148.44 FEET; THENCE N89'49'31"W, A DISTANCE OF 50.00 FEET, TO THE WESTERLY RIGHT OF WAY OF SHIELDS STREET,AND THE POINT OF BEGINNING; THENCE N89°49'31"W,A DISTANCE OF 254.16 FEET,TO A POINT OF CURVATURE; THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 40'33'24" AND A RADIUS OF 235.62 FEET, A DISTANCE OF 166.78 FEET, THE CHORD OF SAID CURVE BEARING S56°39'03"W,WITH A LENGTH OF 163.32 FEET,TO A POINT OF NON-TANGENCY; THENCE S46°47'18"W,A DISTANCE OF 448.14 FEET,TO A POINT OF CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT,SAID CURVE HAVING A DELTA OF 46°51'02" AND A RADIUS OF 400.00 FEET,A DISTANCE OF 327.08 FEET,THE CHORD OF SAID CURVE BEARING S23'21'47"W,WITH A LENGTH OF 318.04 FEET,TO A POINT OF TANGENCY; THENCE S00'03'44"E,A DISTANCE OF 411.52 FEET,TO THE NORTHERLY RIGHT OF WAY OF HARMONY ROAD; THENCE S89'56'16"W, ON SAID NORTHERLY RIGHT OF WAY A DISTANCE OF 426.83 FEET, TO THE WESTERLY BOUNDARY OF PINEVIEW P.U.D. PHASE II; THENCE N00`02'44"W, ON SAID WESTERLY BOUNDARY, A DISTANCE OF 365.56 FEET, TO THE SOUTHERLY CORNER OF THAT PARCEL OF LAND AS DESCRIBED AT RECEPTION NUMBER 2001031854 OF THE LARIMER COUNTY RECORDS; THENCE ON EASTERLY,SOUTHERLY AND NORTHERLY LINES THE FOLLOWING FIVE(5)COURSES: 1) THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 26`15'18" AND A RADIUS OF 515.00 FEET, A DISTANCE OF 235.99 FEET, THE CHORD OF SAID CURVE BEARING N23'23'10"E,WITH A LENGTH OF 233.93 FEET,TO A POINT OF TANGENCY; 2) THENCE N36'30'50"E,A DISTANCE OF 490.53 FEET; 3) THENCE S65-36'49"E,A DISTANCE OF 51.14 FEET; 4) THENCE N36°30'50"E,A DISTANCE OF 27.89 FEET; THENCE N61'24'07"W,A DISTANCE OF 24.81 FEET,TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF WAKEROBIN LANE; THENCE S69'30'29"E, ON SAID SOUTHERLY RIGHT OF WAY, A DISTANCE OF 40.40 FEET, TO THE SOUTHERLY EXTENSION OF THE EASTERLY BOUNDARY OF WESTLAKE P.U.D.FIRST FILING; THENCE ON SAID SOUTHERLY EXTENSION, SAID EASTERLY BOUNDARY AND THE EASTERLY BOUNDARY OF WESTLAKE P.U.D. SECOND FILING,FOR THE FOLLOWING FIFTEEN(15)COURSES:; 1) THENCE N13`56'41"E,A DISTANCE OF 159.30 FEET; 2) THENCE N34°40'28"E,A DISTANCE OF 109.36 FEET; 3) THENCE NOO`13'44"W,A DISTANCE OF 65.56 FEET; 4) THENCE N22`44'24"W,A DISTANCE OF 144.02 FEET; 5) THENCE NO2-35'59"W,A DISTANCE OF 117.22 FEET; 6) THENCE N04.51'21"E,A DISTANCE OF 211.51 FEET; 7) THENCE N33`43'57"W,A DISTANCE OF 101.64 FEET; 8) THENCE N28`23'24"W,A DISTANCE OF 145.92 FEET; 9) THENCE N68°29'39"W,A DISTANCE OF 64.19 FEET; 10) THENCE N77-26'24"W,A DISTANCE OF 100.84 FEET; 11) THENCE N39`31'04"W,A DISTANCE OF 234.91 FEET; 12) THENCE NO °14'24"W,A DISTANCE OF 61.72 FEET; 13) THENCE N27°23'31"E,A DISTANCE OF 92.78 FEET; 14) THENCE N06°23'31"E,A DISTANCE OF 145.84 FEET; 15) THENCE N15°46'34"W,A DISTANCE OF 89.85 FEET,TO THE SOUTHWEST CORNER OF THAT PARCEL OF LAND AS DESCRIBED AT RECEPTION NUMBER 2001008429; THENCE ON THE SOUTHERLY LINE OF SAID PARCEL FOR THE FOLLOWING TWO(2)COURSES: 1) THENCE S89-57'33"E,A DISTANCE OF 3.62 FEET,TO A POINT OF CURVATURE; 2) THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 19'16'42" AND A RADIUS OF 548.51 FEET, A DISTANCE OF 184.56 FEET, THE CHORD OF SAID CURVE BEARING S80°19'12"E,WITH A LENGTH OF 183.69 FEET,TO A POINT OF TANGENCY AND THE SOUTHEAST CORNER OF SAID PARCEL; THENCE N19'33'35"E, ON THE EASTERLY LINE OF SAID PARCEL, A DISTANCE OF 72.95 FEET, TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER; THENCE S89'56'24"E, ON SAID NORTH LINE,A DISTANCE OF 940.02 FEET,TO THE WESTERLY RIGHT OF WAY OF SHIELDS STREET; THENCE ON SAID WESTERLY RIGHT OF WAY FOR THE FOLLOWING FIVE(5)COURSES: 1) THENCE SOO'00'10"W,A DISTANCE OF 73.14 FEET; 2) THENCE N89°59'50"W,A DISTANCE OF 7.00 FEET; 3) THENCE S00'OO'10"W,A DISTANCE OF 850.00 FEET; 4) THENCE S89°59'50"E,A DISTANCE OF 7.00 FEET; 5) THENCE S00°00'10"W,A DISTANCE OF 573.32 FEET,TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 41.50 ACRES. 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 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 18th day of April, A.D. 2006, and to be presented for final passage on the 2nd day of May, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 2nd day of May, A.D. 2006. Mayor ATTEST: City Clerk