HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/20/2009 - ITEMS RELATING TO THE RIVERWALK ANNEXATION AND ZON ITEM NUMBER: 29
AGENDA ITEM SUMMARY DATE: October 20, 2009
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
Items Relating to the Riverwalk Annexation and Zoning.
RECOMMENDATION
Staff recommends adoption of this Ordinance on Second Reading.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 099, 2009, Annexing Property Known as the Riverwalk
Annexation to the City.
B. Second Reading of Ordinance No. 100, 2009,Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Riverwalk
Annexation to the City.
These Ordinances, unanimously adopted on First Reading on October 6, 2009 annex and zone
265.65 acres generally located at the southwest quadrant of Interstate 25 and East Harmony Road.
The site is bounded by 1-25 on the east,Harmony Road on the north,the Fossil Creek Reservoir Inlet
Ditch on the west and Kechter Road on the south. The requested zoning is T, Transition.
The applicant has asked that the zoning for the south half of the property be amended on Second
Reading from Public Open Lands District(POL) to Transition District(T). This is consistent with
the petition for annexation,which requests that the entire property be placed in the T zone. Staff and
the P&Z Board initially recommended that the south half of the property be placed in the Public
Open Lands(POL)zone since the anticipated use of that portion of the property is for a water storage
facility. However, staff does not object to the request to place the entire parcel in the T-Transition
Zone District as the land use regulations that would control the property are not impacted. The
property, if zoned T-Transition, would require a subsequent zone change before any development
could occur except that the proposed zoning condition recommended by the P&Z would allow dirt
removal in accordance with a Type II permit. Staff believes that rezoning the entire parcel T does
not impact the City's ability to ensure the property conforms with the City's adopted Plans, Policies
and Regulations.
ATTACHMENTS
l. Copy of First Reading Agenda Item Summary - October 6, 2009.
(w/o original attachments)
f
ATTACHMENT 1
ITEM NUMBER: 21
AGENDA ITEM SUMMARY DATE: October 6, 2009
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
Items Relating to the Riverwalk,Annek ation'and Zoning.
RECOMMENDATION U U
Staff recommends adoption of the Resolution and the Ordinances on First Reading.
EXECUTIVE SUMMARY
A. Resolution 2009-096 Settingiorth-Fi•dings=of Fact, and7Determinations Regarding the
Riverwalk Annexations v
B. Hearing and First Read ing-oPOrdmanee))N 2009, Annexing Property Known as the
Riverwalk Annexation to the City.
C. Hearing and First Reading of Ordinance No. 100, 2009, Amending the Zoning Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Riverwalk Annexation to the City.
This is a request to annex and zone 265.65 acres generally located at the southwest quadrant of
Interstate 25 and East Harmony Road The site is-bounded by I-2 won the east, Harmony Road on
the north, the Fossil Creek Reservoir Inlet Ditch on the wes and�Kechter Road on the south.
Contiguity with the existing mum p�ahbounddaary rs gamed along a portion of the northern boundary
which is shared with the Arapaho Bend Second Annexation and a portion of the west boundary
which is shared with the Stute Annexation Number Three, the Brookfield Annexation and the
Sunrise Ridge Annexation. The property is mostly a former gravel extraction operation and zoned
FA-1, Farming District in Larimer County. ,
The requested zoning is T,Transition for the northerly 139.65 acres and P-O-L, Public Open Lands
for the southerly 126 acres.
���-'�CI ��� 1:n1 � )/
This annexation request is in/conformance with the State 6f Qolorado Revised Statutes as they
relate to annexations,The City of Fort Collins Comprehensive Plan,the Larimer County and City
of Fort Collins Intergovernmental.A�greements, and.the City 1of Fort Collins Land Use Code.
There are no issues or known controversies with this annexation.
October 6, 2009 -2- Item No. 21
APPLICANTS: Mr. Jay Stoner, et.al.
605 South College Avenue
Fort Collins, CO 80521
OWNERS: Mr. Jay Stoner—On Behalf of 14 Owners by Power of Attorney
605 South College Avenue
Fort Collins, CO 80521
BACKGROUND �� /
The applicants and property owners of a�e`,sub"mitt I ctia writtipetition requesting annexation of
265.65 acres located generally at the southwest quadrant of Interstate 25 and East Harmony Road.
The property is a former gravel extraction operation and undeveloped.
The property is located within the Growth Management Area. According to the policies and
agreements between the City of Fort Collins and Larimer County contained in the amended
Intergovernmental Agreement for the City of Fort Collins Growth Management Area,the City will
agree to consider annexation of property in the GMA when the property is eligible for annexation
according to State law. According-to the IGA, as amended: .
� ��
"It is the City's inten(. to anne\iproperties within tY►e�GMA as expeditiously as
possible consistent wite�terms�of�his Agrryeement. Except as provided in Section
8(B), the City agrees to consider the annexation of any parcel or parcels of land
located within the GMA which are eligible for voluntary annexation pursuant to the
provisions of Title 31, Article 12 Colorado Revised Statutes."
Contiguity with the existing municipal boundary is gained along a portion of the northern boundary
which is shared with the Arapaho Bend Second Annexation and a portion of the west boundary
which is shared with the Stute Annexation Number Three, the Brookfield Annexation and the
Sunrise Ridge First and Second Annexations.
r_%\
11 The parcel,therefore,complies 1 ith the requirements o-theR Intergovernmental Agreement—Growth
Management Area and is eligible &attiioo�l
One of the stated intents of the IGA is to have urban development occur within the City in order that
the provision of urban level services by the County would be minimized. This is a 100%voluntary
annexation. The parcel is not an enclave. On August 18, 2009, City Council adopted Resolution
2009-080,which accepted the annexation petition and established that the petition is in compliance
with state statutes.
The surrounding zoning and land uses are as follows:
N: City—Public Open Land/s CApaho end�Natu Area
N: County—Commercial SAL(nter and Commercial
S: County—Farming ant
S: County—Commercial Recreation and Event Center
E: County—Farming Active gravel extraction
October 6, 2009 -3- Item No. 21
W: City—Harmony Corridor Morningside Townhomes
W: City=Urban Estate Sunrise Ridge and Old Oak Estates
W: County—Farming Existing large-lot residential
Residential Neighborhood Sign District
Staff is recommending placement into the Residential Neighborhood Sign District. This is
particularly appropriate for the southerly 126 acres. For the northerly 139.65 acres, however, this
designation is appropriate for the T,Transition zone. Future re-zoning into an ultimate zone district
will be the result of additionalLp17n-ing/activity and-any reconsideration out of the Residential
Neighborhood Sign District may� be made at that time,
Zoning -Requested Zoning—Transition
The northerly 139.65 are proposed to be zoned T, Transition. The Land Use Code describes this
zone district as follows:
Purpose. The Transition District is intended for properties for which there are no
specific and immediate plans for development. The only permitted uses are those
existing at the date the property waas}pla\cedsinto.thisrDist/r/ict.
The owners have indicated thatrt\here aretino specrfic;and immediate plans for development. While
in the Transition zone, the ownerslnd\theJCity-of Fort .Collins can evaluate various future
development scenarios. The owners may at any time petition to remove the property from the
Transition zone and place it in another zone district.
The Transition zone district accomplishes the purpose of annexing the property while placing the
ultimate zoning decision in abeyance.
Condition of Zoning to Allow Earth Work in the T Zone
Section 2.9.4(I) of the Land Use Code allows the City to add conditions to a zoning request. The
r=i o 'a a �J . \A A
site is currently in the Countyt,and the owners)are operating under a State permit to reclaim the
former gravel pit on the northerly portion. is.basieally�volves recontouring the site and
restoring the ground cover in accordance with the standards of the State Mined Land Reclamation
Board. If a permanent water body is created, then it must be certified by the State Engineer and
properly augmented with sufficient water rights to compensate for evaporation loss.
In addition to reclamation work,the Riverwalk developer would like to conduct overlot grading in
order to create developable ground that is out of the 100-year floodway and floodplain. There would
be significant cost efficiency if the overlot grading could be done in conjunction with the gravel pit
reclamation work.
Staff supports the continuation of the recl' ' am Lion w,ork.7rth""er, staff would support a Project
Development Plan application\hat describes` tIf extent of th�earth work necessary to create the
developable parcels. Since the Transition zone does not allow rrew earth work,such work under the
Transitional zone would need to be added as an allowable use as a condition of zoning.
October 6, 2009 -4- Item No. 21
Staff, therefore, recommends the following condition of zoning:
Notwithstanding the restrictions contained in Section 4.12 of the Land Use Code,
earth-moving activities that are necessary to complete the terms and conditions of
the State of Colorado Mined Land Reclamation Board for reclamation of the former
gravel pit on the property, as well as the addition, stockpiling and grading of fill dirt
in order to establish the necessary grades for future development of the property,
shall also be permitted. Any earth work activity that exceeds the requirements for
gravel pit reclamation is subject to submittal, review and approval of a Project
Development Plan subje'ct�to re`v'iew by the 7anninFand Zoning Board in
accordance with the Land Use Code.
Zoning—Requested Zoning—Public Open Land
The southerly 126 acres are proposed to be zoned P-O-L, Public Open Land. The Land Use Code
describes this zone district as follows:
Purpose. The Public Open Lands District is for large publicly owned parks and open
lands which have a community-wide emphasis or other characteristics which warrant
inclusion under this separate designation rather than inclusion in an adjoining
neighborhood or other District designation
The City of Fort Collins has entered i to p'�urchase coDD bract to ae7.quiie the southerly 126 acres for a
variety of purposes.
JUL
a. Flood Control
Significant portions of the southerly 126 acres are located within both the 100-year floodway and
floodplain,as designated by the Flood Insurance Rate Maps of the Federal Emergency Management
Agency. Approximately 80 acres are a former gravel pit and are undergoing reclamation under a
permit from the State of Colorado Mined Land Reclamation Board. With sufficient freeboard,
reclaimed gravel pits can serve as of ective flood Pconveyance channels without having to build
costly flood control structures.
b. Water Storage
Development of reclaimed gravel pits as water storage reservoirs can provide the following benefits:
• They can serve as sources of raw water for water treatment.
• They can be used as compensating reservoirs to accommodate water trades among various
entities.
• They can supplement effluent discharges from wastewater treatment facilities.
• They can add to minimum stream flows in the Poudre River.
October 6, 2009 -5- Item No. 21
The location downstream of the Drake Water Reclamation Facility is strategic and will allow the
City to meet certain water management objectives and obligations related to the storage and release
of the City's reusable effluent as prescribed by City water rights decrees. The City of Fort Collins
Water Utility Capital Fund has already appropriated funding for acquisition and development of
gravel pit water storage on a regional basis. The Water Utility expects to gain approximately
between 1,500 and 2,000 acre feet of water storage upon execution of the terms of the purchase
contract.
C. Natural Area
) 77
Reclaimed gravel mines, and heir surroun�dry land, are.prime candidates for future natural
areas. Examples of restored gravel pits converted to natural areas include Riverbend Ponds,
Arapaho Bend and McMurry Ponds.Approximately 48 acres-of the proposed acquisition will be
added to the City's natural areas inventory to be restored to enhance habitat.and recreational
opportunities. Eagle View Natural Area is to the south and Arapaho Bend Natural Area is to the
north. In the future,all three areas are planned to be linked by a trail. Finally,an additional 48 acres
of open space along 1-25 will mitigate the urbanization expected at the major interchanges.
Structure Plan and Harmony Corridor Plan
The Structure Plan Map indicattes=thre, designations:
• "Employment"'ikthe north[west aI e
• "Poudre River" in the�northeas quarter
• "Rural Lands" in the southern one-half.
The parcel is also contained within the boundary of the Harmony Corridor Plan and designated as
"Basic Industrial and Non-Retail Employment Activity Center."
The proposed zoning on the northerly 139.65 acres, T, Transition, acknowledges that further
planning efforts are warranted in order to place this area into an ultimate zone district. Until such
time, a Structure Plan amendment-is not needed.
),'�,,J? ��The proposed zoning on the southerly 126 acre -0=L!Public Open Lands is consistent with the
"Rural Lands"Structure Plan desigation��F or exmple,the purpose of the Rural Lands zone district
is as follows:
"The Rural Lands District is intended for privately owned lands that are planned as
rural edge to the community. Rural lands include but are not limited to community
separators, clustered residential development, large lot residential, agriculture,
natural area buffers and corridors and other open land o similar character and
purpose."
The two proposed zone districts�fi' tim"a are consiste L iUY7
Structure Plan Map.
October 6, 2009 -6- Item No. 21
Compliance with State Law
The annexation has 31.33% of its perimeter boundary contiguous with existing City limits which
exceeds the required one-sixth as mandated by State law. Further, the parcel is found to have a
community of interest with the City and the parcel is expected to urbanize shortly.
Findings of Fact/Conclusion
In evaluating the request for the Riverwalk Annexation and Zoning, staff makes the following
findings of fact: /� DnsistentwRiththe
�� �/'1. The annexation ofthis p lar(cel iscpoliiciie(,ss and agreements between Larimer
County and the City of Fwi Collins asJcontained—in the amended Intergovernmental
Agreement— Growth Management Area.
2. The parcel meets all criteria included in state law to qualify for annexation by the City of
Fort Collins.
3. The two requested zone districts, T, Transition, and P-O-L, Public Open Lands, are in
conformance with the City's Comprehensive Plan (Harmony Corridor Plan) and the City
Structure Plan Map. 1YM
4. The Planning and Zoning Boardkrec om Imend' s the placed within the Residential
Neighborhood Sign Disrict�
5. On August 18, 2009, City Council adopted Resolution 2009-080, which accepted the
annexation petition and determined that the petition is in compliance with State law.
Planning and Zoning Board Recommendation
On September 17, 2009, the Planning and Zoning Board took the following action:
1. The Board voted 7-0 tore mmen ai nexa on into the municipal boundary and inclusion
into the Residential Sigri District
7
2. The Board voted 7 — 0 to recommend placement of the northerly 139.65 acres into the T,
Transition zone district, subject to the following zoning condition:
Notwithstanding the restrictions contained in Section 4.12 of the Land Use Code, earth-
moving activities that are necessary to complete the terms and conditions of the State of
Colorado Mined Land Reclamation Board for reclamation of the former gravel pit on the
property, as well as the addition, stockpiling and grading of fill dirt in order to establish the
necessary grades for future development of the property, shall also be permitted. Any earth
work activity that exceeds the equire ents f gravel'pit reclamation is subject to submittal,
review and approval of a ProjecttDevelopment,Rlan subject to review by the Planning and
Zoning Board in accordance with�th��d Use Code
October 6, 2009 -7- Item No. 21
3. The Board voted 7—0 to recommend placement of the southerly 126 acres into the P-O-L,
Public Open Lands zone district.
ATTACHMENTS
1. Vicinity Map
2. Structure Plan Map
3. City of Fort Collins ZoningMp �\\\
4. Two Proposed Zone Districts (f 1
1
5. Planning and Zoning Boord:minutes,_SeptPber7, 2 00.9
6. Powerpoint presentation
ORDINANCE NO. 099, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
RIVERWALK ANNEXATION
TO THE CITY OF FORT COLLINS, COL,ORADO
WHEREAS, Resolution 2009-080, finding substantial compliance and initiating annexation
proceedings, has heretofore been adopted by the City Council; and
WHEREAS, the City Council hereby finds and determines that it is in the best interests of
the City to annex said area to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the following described property, to wit:
A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 3, THE
SOUTHEAST QUARTER OF SECTION 4, AND THE NORTHWEST QUARTER OF
SECTION 10, ALL BEING IN TOWNSHIP 6 NORTH, RANGE 68 WEST 01 THE 6TH
PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE OF COLORADO, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 3 AS BEARING S 89029'55" E AND WITH ALL 13EAKINGS HEREIN
RELATIVE THERETO:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3;
THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTER S 01'44'18"
E, 51.01 FEET TO THE POINT OF BEGINNING;
THENCE S 89047'25" E, 30.01 FEET TO A POINT ON THE EAST RIGHT 01" WAY
LINE OF STRAUSS CABIN ROAD, ALSO BEING A POINT ON THE SOUTHERLY
RIGHT OF WAY LINE FOR EAST HARMONY ROAD,
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, THE FOLLOWING
NINE (9) COURSES:
1. S 89047'25" E, 670.82 FEET;
2. S 89018'55" E, 245.96 FEET;
3. S 84°57'34" E, 86.41 FEET;
4. ALONG THE ARC OF A CURVE TO THE RIGHT, A DISTANCE OF 208.64 FEET,
SAID CURVE HAVING A RADIUS OF 92.87 FEET, A CENTRAL ANGLE OF
128043'21", AND A CHORD BEARING S 67°08'05" E, 167.45 FEET;
5. N 48030'14" E, 98.38 FEET;
6. ALONG THE ARC OF CURVE TO THE RIGHT A DISTANCE OF 13.92 FEET,SAID
CURVE HAVINGA RADIUS OF32.81 FEET,A CENTRAL ANGLE OF24°18'5T%AND
A CHORD BEARING N60039'40"E, 13.82 FEET;
7. N 72049'06" E, 56.60 FEET;
8. S 83057'55" E, 29.18 FEET;
9. S 83044'43" E, 158.80 FEET;
THENCE ALONG THE WESTERLY,SOUTHERLY,AND EASTERLY BOUNDARIES
OF THE PARCEL DESCRIBED IN '['FIE DEED RECORDED AT RECEPTION NO.
20060008730, THE FOLLOWING FIVE (5) COURSES:
1. S 00030'05 W, 227.41 FEET;
2. S 89029'55" E, 25.40 FEET;
3. S 00030'05" W, 5.00 FEET;
4. S 89029'55" E. 200.00 FEET;
5. N 00030'05" E, 173.90 FEET;
THENCE ALONG THE WESTERLY RIGHTOF WAY LINE OF INTERSTATE 25,THE
FOLLOWING FIVE(5) COURSES:
1. S 89036'28" E, 265.38 FEET;
2. S 56056'01" E, 82.86 FEET;
3. S 24015'59" E, 793.35 FEET;
4 S 02002'35" E, 4185.48 FEET;
5. 135.77 FEET ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT
HAVING A RADIUS OF 11295.00 FEET, A CENTRAL ANGLE OF 00041-19", AND A
CHORD WHICH BEARS S 01043'13" E, 135.77 FEET;
THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF THE
COLOR-ADO DEPARTMENT OF TRANSPORTATION PARCEL DESCRIBED IN THE
INSTRUMENT RECORDED JANUARY 16, 1964, IN BOOK 1234, PAGE 254, THE
FOLLOWING TWO (2)COURSES:
1. S 84055'54" W, 574.58 FEET;
2. S 00055'24" W, 30.00 FEET TO A POINT ON THE SOUTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 3;
THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF THE
COLORADO DEPARTMENT OF TRANSPORTATION PARCEL DESCRIBED IN THE
INSTRUMENT RECORDED FEBRUARY 3, 1964 IN BOOK 1236, PAGE 143, THE
FOLLOWING TWO (2) COURSES:
1. ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 3,
N 89004'36" W, 100.00 FEET;
2. S 00055'24" W, 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY
LINE OF LARIMER COUNTY ROAD 36;
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE N 89°04'36" W, 1181.36
FEET;
THENCE N 00055'24" E, 70.00 FEET TO A POINT ON THE NORTH LINE OF THAT
RIGHT OF WAY PARCEL DESCRIBED AT RECEPTION NUMBER 88059400;
THENCE N 0901632" W, 283.78 FEET;
THENCE N 01046'32" W, 289.41 FEET;
THENCE N 32046'32" W, 144.50 FEET;
THENCE N 23°39'02" W, 631.96 FEET;
THENCE N 01050'02" E, 208.47 FEET;
THENCE N 17013'48" W, 642.38 FEET TO A POINT ON THE EASTERLY RIGHT OF
WAY LINE OF STRAUSS CABIN ROAD AS DESCRIBED IN THE DEED OF
DEDICATION RECORDED AT RECEPTION NO. 200.40047101;
THENCE S 88010'46"W, 65.00 FEET -1.0 A POINT ON THE EXISTING BOUNDARY
OF THE CITY OF FORT COLLINS AS DEFINED IN THE EMERGENCY ORDINANCE
NO. 130, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS,N 01°49'14" W,
493.55 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER
OF SECTION 4, T6N, R68W;
THENCE ALONG SAID NORTH LINE S 88036'42" E, 30.04 FEET TO THE WEST
QUARTER CORNER OF SAID SECTION 3;
THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 3, N 01°44'18" W, 2598.32 FEET 1'0 THE POINT OF BEGINNING.
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the
Riverwalk Annexation, which annexation shall become effective in accordance with the provisions
contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for
recording with the Larimer County Clerk and Recorder.
Section 2. That, in annexing said property to the City, the City does not assume any
obligation respecting the construction of water mains, sewer lines, gas mains,electric service lines,
streets or any other services or utilities in connection with the property hereby annexed except as
may be provided by the ordinances of the City.
Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S.,
to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water
Conservancy District.
Introduced, considered favorably on first reading, and ordered published this 6th day of
October, A.D. 2009, and to be presented for final passage on 20th day of October, .D. 2009.
Mayo ,
ATTEST:
aw
City Clerk
Passed and adopted on final reading on the 20th day of October, A.D. 2009.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 100, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS
AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED
IN THE RIVERWALK ANNEXATION TO THE
CITY OF FORT COLLINS, COLORADO
WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the
Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes
procedures and criteria for reviewing the zoning of land; and
WHEREAS, in accordance with the foregoing, the City Council has considered the zoning
of the property which is the subject of this ordinance, and has determined that said property should
be zoned as hereafter provided.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section
1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including
the property known as the Riverwalk Annexation to the City of Fort Collins, Colorado, in the
Transition("T")Zone District,which property is more particularly described as situate in the County
of Larimer, State of Colorado, to wit:
A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 3, THE
SOUTHEAST QUARTER OF SECTION 4, AND THE NORTHWEST QUARTER OF
SECTION 10, ALL BEING IN TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH
PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE OF COLORADO, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 3 AS BEARING S 89029'55" E AND WITH ALL BEARINGS HEREIN
RELATIVE THERETO:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3;
THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTER S 01°44'l8"
E, 51.01 FEET TO THE POINT OF BEGINNING;
THENCE S 89047'25" E, 30.01 FEET TO A POINT ON THE EAST RIGHT OF WAY
LINE OF STRAUSS CABIN ROAD, ALSO BEING A POINT ON THE SOUTHERLY
RIGHT OF WAY LINE FOR EAST HARMONY ROAD,
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, THE FOLLOWING
NINE (9) COURSES:
1. S 89°47'25" E, 670.82 FEET;
2. S 89018'55" E, 245.96 FEET;
3. S 84°57'34" E, 86.41 FEET;
4. ALONG THE ARC OF A CURVE TO THE RIGHT, A DISTANCE OF 208.64 FEET,
SAID CURVE HAVING A RADIUS OF 92.87 FEET, A CENTRAL ANGLE OF
12804321", AND A CHORD BEARING S 67008'05" E, 167.45 FEET;
5. N 48°30'14" E, 98.38 FEET;
6.ALONG THE ARC OF CURVE TO THE RIGHT A DISTANCE OF 13.92 FEET,SAID
CURVE HAVING A RADIUS OF 32.81 FEET,A CENTRAL ANGLE OF 24°18'57",AND
A CHORD BEARING N60039'40"E, 13.82 FEET;
7. N 72049'06" E, 56.60 FEET;
8. S 83057'55" E, 29.18 FEET;
9. S 83°44'43" E, 158.80 FEET;
THENCE ALONG THE WESTERLY,SOUTHERLY,AND EASTERLY BOUNDARIES
OF THE PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NO.
20060008730, THE FOLLOWING FIVE (5) COURSES:
1. S 00030'05" W, 227.41 FEET;
2. S 89029'55" E, 25.40 FEET;
3. S 00°30'05" W, 5.00 FEET;
4. S 89029'55" E, 200.00 FEET;
5. N 00030'05"E, 173.90 FEET;
THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF INTERSTATE 25,THE
FOLLOWING FIVE(5)COURSES:
1. S 89036'28"E, 265.38 FEET;
2. S 56°56'01" E, 82.86 FEET;
3. S 24015'59" E, 793.35 FEET;
4. S 02002'35" E, 4185.48 FEET;
5. 135.77 FEET ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT
HAVING A RADIUS OF 11295.00 FEET, A CENTRAL ANGLE OF 00041'19", AND A
CHORD WHICH BEARS S 01043'13" E, 135.77 FEET;
THENCE ALONG THE NORTHERLY, AND WESTERLY BOUNDARY OF THE
COLORADO DEPARTMENT OF TRANSPORTATION PARCEL DESCRIBED IN THE
INSTRUMENT RECORDED JANUARY 16, 1964, IN BOOK 1234, PAGE 254, THE
FOLLOWING TWO (2) COURSES:
1. S 84°55'54" W, 574.58 FEET;
2. S 00055'24" W, 30.00 FEET TO A POINT ON THE SOUTH LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 3;
THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF THE
COLORADO DEPARTMENT OF TRANSPORTATION PARCEL DESCRIBED IN THE
INSTRUMENT RECORDED FEBRUARY 3, 1964 IN BOOK 1236, PAGE 143, THE
FOLLOWING TWO (2)COURSES:
1. ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 3,
N 89°04'36" W, 100.00 FEET;
2. S 00°55'24" W, 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY
LINE OF LARIMER COUNTY ROAD 36;
THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE N 89004'36" W, 1181.36
FEET;
THENCE N 00055'24" E, 70.00 FEET TO A POINT ON THE NORTH LINE OF THAT
RIGHT OF WAY PARCEL DESCRIBED AT RECEPTION NUMBER 88059400;
THENCE N 09016'32" W, 283.78 FEET;
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THENCE N 01 046'32" W, 289.41 FEET;
THENCE N 32046'32" W. 144.50 FEET;
THENCE N 23039'02" W, 631.96 FEET;
THENCE N 01 050'02" E, 208.47 FEET;
THENCE N 17013'48" W, 642.38 FEET TO A POINT ON THE EASTERLY RIGHT OF
WAY LINE OF STRAUSS CABIN ROAD AS DESCRIBED IN THE DEED OF
DEDICATION RECORDED AT RECEPTION NO. 20040047101;
THENCE S 88010'46"W, 65.00 FEET TO A POINT ON THE EXISTING BOUNDARY
OF THE CITY OF FORT COLLINS AS DEFINED IN THE EMERGENCY ORDINANCE
NO. 130, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS,N 01049'14" W,
493.55 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER
OF SECTION 4, T6N, R68W;
THENCE ALONG SAID NORTH LINE S 88036'42" E, 30.04 FEET TO THE WEST
QUARTER CORNER OF SAID SECTION 3;
THENCE ALONG THE WEST LINE OF THE.NORTHWEST QUARTER OF SAID
SECTION 3, N 01044'18" W, 2598.32 FEET TO THE POINT OF BEGINNING.
Section 2. That the foregoing parcel of land to be placed in the Transition ("T") zone
district shall be subject to the following condition:
Notwithstanding the restrictions contained in Section 4.12 of the Land Use Code,
earth-moving activities that are necessary to complete the terms and conditions of the
State of Colorado Mined Land Reclamation Board for reclamation of the former
gravel pit on the property, as well as the addition, stockpiling and grading of fill dirt
in order to establish the necessary grades for future development of the property,
shall also be permitted. Any earth work activity that exceeds the requirements for
gravel pit reclamation is subject to submittal, review and approval of a Project
Development Plan subject to review by the Planning and Zoning Board in accordance
with the Land Use Code.
Section 3. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land
Use Code of the City of Fort Collins is hereby changed and amended by showing that the above-
described property is included in the Residential Neighborhood Sign District.
Section 4. That 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 6th day of
October, A.D. 2009, and to be presented for final passage on the 20th day of October, A.D. 2009.
Mayor
ATTEST:
City Clerk
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Passed and adopted on final reading on the 20th day of October, A.D. 2009.
Mayor
ATTEST:
City Clerk
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