Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/20/2001 - SECOND READING OF ORDINANCE NO. 190, 2001, AMENDIN ITEM NUMBER: 28 AGENDA ITEM SUMMARY DATE: November 20, 2001 FORT COLLINS CITY COUNCIL STAFF: Tray W. Jones SUBJECT: Second Reading of Ordinance No. 190, 2001, Amending the Zoning Map of the City of Fort Collins by Changing the Zoning Classification for That Certain Property Known as the Johnson Property Rezoning. RECOMMENDATION: Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY: Ordinance No. 190, 2001, was adopted by a vote of 6-1, on November 2, 2001, aniending the Zoning Map of the City of Fort Collins to rezone approximately 217 acres of property located on the northeast corner of Timberline and Drake Roads. The property is currently zoned T — Transitional. The Structure Plan designation for the property is a combination of Industrial, Urban Estate, Low Density Mixed-Use Residential, Medium Density Mixed-Use Residential, and Neighborhood Commercial Center. The applicant is proposing to amend the Structure Plan to change the configuration of the Industrial designation, remove the Neighborhood Commercial Center designation from the site, slightly modify the boundary line between Medimn Density Mixed-Use Residential and Low Density Mixed-Use Residential, and to slightly modify the boundary line between Urban Estate and Low Density Mixed-Use Residential. The applicant is also requesting to rezone the property to a combination of LMN, MMN, I, and UE to correspond to the requested Structure Plan amendment. The Ordinance rezoning the property has been changed from the version presented to Council on November 6, 2001, in that the new version includes the legal descriptions of the zone district boundary configurations as directed by Council at that meeting. i� i Y ITEM NUMBER: 32 A-B AGENDA ITEM SUMMARY DATE: November 6. 2001 FORT COLLINS CITY COUNCIL STAFF: y Tro W. Jones SUBJECT: Items Relating to the Johnson Property Rezoning and Structure Plan Amendment. RECOMMENDATION: Staff recommends adoption of the Resolution and the Ordinance on First Reading. At the October 18, 2001 Planningand Zoning Board Hearing, the Board recommended g g -firieato-steny the Structure Plan Amendment and Rezone request as proposed by the applicant. The Boardtcxwev --did forward a recommended configuration for a Structure Plan Amendm Rezone that it could by a vote of 3-1. r ,Ir EXECUTIVE SUMMARY: A. Resolution 2001-155 Amending the City's Structure Plan Map. B. Hearing and First Reading of Ordinance No. 194,-2001, Amending the Zoning Map of the City of Fort Collin&bg ��*,Zoning Classification for That Certain Property Known as the Johnsgii Property Rezounik ` tg, APPLICANT: The James Company 2919 Valmont Road, Suite 204 Bouldir, CO 80301 OWNERS: Spring Creek,Farms, LLP 3432 Caf tom Ave, Fort Colllnkl,CO;86525 PROJECT DESCRIPTION: 1 This is arequest to rezone apprtcimately 217 acres of property located on the northeast comer of Tttnbor and Drake Roads: The property is currently zoned T — Transitional, as shown in the attached diagram titled "Existing Zoning." The Structure Plan designation for tl e property is a combinaftort4taf_lndustnal, Urban Estate, Low Density Mixed-Use Residential, Medium Density Mixed-Use Residential, and Neighborhood Commercial Center, as shown in the attached diagram titled "Existing Structure Plan Designation." The applicant is proposing to amend the Structure Plan to change the configuration of the Industrial designation, remove the Neighborhood Commercial Center designation from the site, slightly modify the boundary line between Medium Density Mixed-Use Residential and Low Density Mixed-Use Residential. and to slightly modify the boundary line between Urban Estate and Low Density Mixed-Use Residential, as shown in the attached diagram titled. "Applicant's Proposed Structure Plan Configuration." The applicant is also requesting to rezone the property to a combination of DATE: November 6, 2001 2 ITEM NUMBER: 32 A-B LMN, MMN, I, and UE to correspond to the requested Structure Plan amendment, as shown in the attached diagram titled"Applicant's Proposed Zoning Configuration." BACKGROUND: The inherent nature of the T—Transition Zone District is that property is entitled to be taken out of such zone district in a "timely manner" The Land Use Code requires that staff take proposed rezonings of any property in the T — Transition District to the next regularly scheduled Planning and Zoning Board hearing at least 14 days after the rezone application is submitted, and requires Council to Rezone the property within 60 days of the Planning and Zoning Board hearing. i The Structure Plan Resolution The Resolution to amend the Structure Plan is accompanied b�twooptians of_Euhibit A. The first option is the Structure Plan Amendment as proposed by the appltcani;(Is6eted"Exhibit A — Applicanf). The second option is the Structure Plan Amendment as proposii3'a P&Z Board (Labeled "Exhibit A —P&Z"). Council will npedgWdecide which of the two ns_df "Exhibit A" it would like the Resolution to adopt.. ": ""'.' i Amending the Structure Plan The Structure Plan is an element of the Comprehensive Plan. The proposed zoning is not consistent with the current Structure Plan, however,, the, applicant proposes to amend the Structure Plan in a manner that would make the Structure Plan consistent with the zoning that is proposed. Appendix C of the Comprehensive Plan specifies'that the City Council must make the following two findings in order for the Structure Plan to be amended The existing Structure Plan is in need of the proposed amendment; and The Structure Plan amendment will promote the public welfare and will be consistent with he vision, goals,principles and policies of City Plan and the elements thereof. The a licant proposes the following four changes to the Structure Plan: The. t proposed change to the Structure Plan is to eliminate the Neighborhood Commercial C esignation on the site. The Planning and Zoning Board agreed with this change to the Stru Plan at both the September 17th and October 18th hearings. The se proposed change to the Structure Plan is to change the configuration between the Medium y Mixed-Use Residential and the Low Density Mixed-Use Residential. The Planning and'Zoning Board agreed with this change to the Structure Plan at both the September 17th and October 18th hearings. The third proposed change to the Structure Plan is to move the boundary line between the Industrial designation and Low Density Mixed-Use Residential designation roughly 500 feet to the north to a location that coincides with an agreed upon historic buffer for the Jessup farmstead. The Planning and Zoning Board agreed with this change to the Structure Plan at the October 18th hearing. I DATE: November 6, 2001 3, ITEM NUMBER: 32 A-B The Historic Preservation staff, Advance Planning staff. Current Planning Staff, and an historic preservation consultant (hired by the City) have been working with the applicant for several months to determine an appropriate treatment of the two historic farmsteads on the site. Because the applicant proposes a Structure Plan designation boundary based on the edge of an appropriate historical buffer for the northern farm site (the Jessup farmstead), the treatment of the historical buffer becomes an issue to be discussed with this rezone and Structure Plan amendment application. After much negotiation and careful consideration, staff has come to an agreement with the applicant on the appropriate buffer area configuration around the Jessup farmstead site. The proposed district boundary between the Industrial designation'and the LtiagDensity Mixed- Use Residential designation is based on the southern edge of the historic buffer area for the Jessup farmstead. The agreed upon historic buffer is diagramed in the attachment titled "Concept Plan: Jessup Farm Compound." As currently depicted on the Structure Plan, there are 33.4 acft.Wsignated as Industrial in the north corner of the site. The northwestern most 12.28 acres of the I ' designated area consists of the historic Jessup farmstead and it's buffer area. The applicant p ,`.. that the southeastern 21.12 acres of the area currently destgue�dd'��Irtdustrial be changed Low Density Mixed-Use Residential designation. iY n Clark Mapes from the Advance Planning Depatttnent made the following comments with regard to the request to move the boundary line of the"Industtial designation in the area south of the Jessup farmstead: "Ater considering this spvf Jbetweerr the Jessup Fctrir,complex and the adjacent LMN w, lip neighborhood to the south] in greater.detpil,, we agree;wtth the applicant] that it appears impractical to extend any meaningful oi��T nificant inchtslral use into this small area, isolated from adjacent industrial developmep!'to the east by Topography and the RR tracks. Regarding the relationship to Industrial uses 'across Timberline to the west, we do not believe it is worthwhile to push for Industrial use on a piece of high ground south of the farm. It could be highly intrusive, sandwiched between the farm site and the future neighborhood." Troy Jones from the Current Pfanring Department made the following comment with regard to the removal of the Industrial destgtiafion frotril is area south of the farm site on the Structure Plan= - "The applicant has inclined a diagram of their anticipated design that addresses the Transition between the neighborhood and the farmstead. This design includes a buffer area outside the limits ojlhe farm complex with a single loaded street along the northern edge of the neighborhood so the fronts of the housing units will face the open farmstead buffer`rather„than,back yards and privacy fences. Front yards and the human interaction of resl*idla�slreet activity is a much preferred treatment of the edge to a valuable historical resource such as the Jessup farmstead than industrial uses are. I`industrial is required to be located between the two uses it is likely that that area of the development could end up as mini storage or some other incompatible use. The northern edge of the residential neighborhood is also much better served by having a historic farmstead as its neighbor than an industrial use. To the west, Timberline is a logical edge and will be a huge barrier (future 6-lane arterial). Such a barrier would be a logical edge between different types of uses such as industrial and residential. To the east, the change in topography associated with the valley wall, and the barrier of the railroad track makes DATE: November 6, 2001 4 ITEM NUMBER: 32 A=B the area in question have little to no visual or functional relationship to the industrial land in the adjacent Prospect Industrial Park. " The applicant has indicated that they are not industrial developers, so if the southeastern 21.12 acre piece of the industrial designated property were to be zoned Industrial, it would not be developed by this applicant; therefore, the applicant would not have any control over the design, character or specific use that would be sandwiched between the historic Jessup Farmstead and the LMN neighborhood to the south. Staff believes that there is a need to change the Structure Plan with regard to the reconfiguration of the Industrial designation on the site because the Industrial designation would be far less compatible with the historic Jessup Farmstead and the adjacent LMN neighborhood to the south than would a designation of Low Density Mixed-Use Residential:' Furthermore, staff finds that ',the proposed Structure Plan amendment would promote publrewelfare and be consistent with the goals, principles and policies of City Plan because adaptive reusefio€the historic resource ' s�rrM would be better suited to be located adjacent to a residential neighborhood Ito vacant developable industrial land. A , The fourth proposed change to the Structure Plai is to change the location of the boundary line between the Low Densitv Mixed-Use Neighborhood designation and the Urban Estates designation. As currently depicted on the Structure Plan, there are 94.89 acres of Urban Estate designation on the property. At 2 units per acre,,,tt*,exsting:UE designated property allows 189 dwelling units at an overall average density of 2 units per i c he applica'mmew proposes, and staff supports, a layout where 85.58 acres of the site is destgnatE'd Urban Estate in a configuration where the boundary line between the two designations shifts some UE to the west of the original line and t� some LMN east of the original line. If the property were to be zoned consistent with the applicant's proposed Structure Plan amendment, there would be between 28 and 56 additional units allowed as a result of the change. i Advance Planning staff has repeatedly expressed that the lines on the Structure Plan are general lines that are color codes pain"I a.$rdad brush" approach. It has always been the intention that, unless a Structure P1anline was specifically shown on a roadway, section line or specific kind of clear demarcation or topographical feature (such as a ridgeline or river), the line shotdhave some inherent"wiggle room." On the current Structure Plan configuration, there is a j rough north-south line, which designates Urban Estate east of the line and Low Density Mixed- Use Residential and Industrial west of the line. This line does not specifically coincide with the valley � �bnt has upper an 'lower valley wall ground on both sides. Planning staff would argue that''ttiWIdeation of this line is subject to some variation. Advance Planning and Current Planning staff%006`b6ea'working with the applicant for several months to come up with a specific conceptual layout of streets and blocks in the vicinity of the proposed boundary line and, given a closer site-specific consideration, it makes good planning sense to allow this line to vary slightly. As a result of the variation to this line on the Structure Plan, there would only be a net change from Urban Estate to Low Density Mixed-Use Residential of less than 10 acres of land, which does not compromise the ability of the remaining Urban Estate land to achieve the desired density transition between the higher intensity uses at the top of the valley wall and the low intensity- uses intended for the lower ground associated with the Poudre River Corridor. I f i DATE: November 6, 2001 5 ITEM NUMBER: 32 A-B Staff finds that there is a need to change the Structure Plan with regard to the reconfiguration of the Urban Estate and Low Density Mixed-Use Residential designation boundary because the Structure Plan was not intended to be precise at this location, and a closer site-specific consideration of this designation in this location accomplishes the intent to step down the level of intensity toward the river valley just as well as a plan reflecting the current Structure Plan configuration. Furthermore, staff finds that the reconfiguration of the Urban Estate and Low Density Mixed-Use Residential designation boundary would promote the public welfare and be consistent with the goals, principles and policies of City Plan and that the proposed amendment accomplishes the intent to provide a transition of intensity from the top of the High intensity uses at the southwest comer of the site to the low intensity uses at the lower southeast corner of the site just as well as if the Structure Plan were not changed. The Zoning Ordinance The Ordinance does not include legal descriptions of each of the zone IiOundar'es, but rather refers to a zone district configuration "more particularly described in E which is attached to the Ordinance. There are two versions ofAHIdbit A. The first is the configuration proposed by the applicant (labeled."Ealiibft,*=;Applicant"). The second°�the zone district configuration supported by the P&Z board (labeled"Exhibit A—P&Z"). Given the fact that there are two possible zone boundary"configurations under consideration, the most practical way to present the information is diagrammatically for First Reading. Once Council chooses which of the zoning configurations it supports on First Reading, then the legal description for the chosen configuration will be generated and put into the Ordinance for Second Reading. The Land Use Code The Uplicant proposes four zone districts for the property; MMN — Medium Density Mixed- Use Neighborhood District LMN — Low Density.'Mixed-Use Neighborhood District. UE — Urban Estate District, and I—Industrial District. The locations of the applicant's proposed zone district boundaries,correspond to,the proposed Structure Plan amendments. Section 2.9.4(H) of the LUC specifies7be process for amending the zoning map. This section of the code specifies two mandatory requirements and three additional considerations. 5 Mandatory Requirements ,consistent with the Comprehensive Plan; and/or ' Warranted by changed conditions within the neighborhood surrounding and nncluding the subject property. The proposed zoning 'configurations are consistent with the proposed Structure Plan amendments, and, if Council amends these components of the Structure Plan as recommended, the rezone request will be consistent with the Comprehensive Plan. Additional Considerations Whether, and the extent to which, the proposed zoning change is compatible with existing and proposed uses surrounding the subject land. and is the appropriate I zone district for the land: i DATE: November 6,2001 6 ITEM NUMBER: 3_ A-B Whether, and the extent to which, the proposed zoning change 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; Whether, and the extent to which, the proposed zoning change would result in a logical and orderly development pattern. A key issue that needs to be considered regarding the rezoning of the property is how the area adjacent to the Wastewater Treatment Facility should be zoned: Based on the policies and procedures that apply to wastewater treatment plants by the Colorado Water`Quality Control Division (CWQCD), there must be a minimum 1000 foot setback from such wastewater plants to habitable structures (Please see the attached memo titled, "Water Quality Site Application"). The applicant has proposed to zone this buffer area UE, but has offered a restrictive covenant that specifically disallows any habitable structures within 1000 feet of the planned wastewater treatment plant expansion. "Habitable structures" is defined in CW,QCD state policy as residences, schools, and commercial structures at which people work on a regular basFw,,At both the September 17 and October 18 Planning and Zonns�BititkIearings the Board re ded RC -River Conservation zoning for this 1000 ft. set Track'area Y =; Both the RC and UE zone districts permit habitable structures. Regardless of which of the two i zones the buffer area ends up in, there needs to be'a condition placed on the zone district that disallows habitable structures within the buffer area. Simply obtaining a contract from the developer agreeing to a restrictive covenant disallowing habitable structures within the buffer area does not preclude the need to have,conditional zoning,, Paul Eckman, the Deputy City Attorney, has explained that staff may accept* restrictive covenant, but using such a contract i as the only method to disallow the habitable structures within the buffer would be considered "contract zoning" and is not permitted. A restrictive covenant may be accepted as part of the development application,but in order to legally tie the restriction to the zoning, a condition must be placed on the rezoning application. The restrictive covenant then becomes an additional tool with which the condition placed on the zoning can be tracked and enforced. Given the need to restrict any habitable structures-from being developed in the wastewater plant's buffer area, and the fact that either RC or UE vvould,require the need for a condition to be placed on the zoning, staff supports the applicants regtiested.LkE�catguration which includes the wastewater plant's 1000 foot buffer area. A conditional'zoning that disallows any habitable structures in the wastewater plant's 1000 foot buffer would allow either UE or RC zone to be compatible with the plariv,! Otherwise, the propose zoning for the entire site is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district configuration. The Natural'Resources Department does not consider the proposed zoning to have any adverse i impacts on the natural envnwiment. Paz$ To the extent that it can be determined at the zoning stage of the development review process, staff finds that the proposed Zoning Map amendment would result in a logical and orderly development pattern because the proposed configuration of zone district boundaries would promote a transition of intensity from the top of the high intensity uses at the southwest comer of the site to the low intensity uses at the lower southeast comer of the site. i DATE: November 6, 2001 7 i ITEM NUMBER: 32 A-B Initial Zoning Upon Annexation The site was annexed as part of the Timberline Annexation in November of 1997. .At the time the annexation was under review, staff and the Planning and Zoning Board had recommended that the property be zoned in accordance with the configuration shown on the attachment diagram titled "Timberline Annexation and Zoning". When the annexation carve before Council, they decided to zone'the property T — Transition upon annexation rather than the recommended zoning configuration. Much of the concern with regard to the zoning this property at that time revolved around whether or not it would be appropriate to assign active farm areas a zone district that did not allow farming, and that perhaps it would be more appropriate to zone the property into developable zone districts at such time the property was proposed to be developed. The Council minutes of the first and second reading of the annexation hearings are attached. Planning and Zoning Board Hearings Because the applicant is requesting a Structure Plan �apent as part of the r 2 nest, staff couldn't support the proposed Structure Plan re-Cgvration without additional review time beyond the "timely hearing" schedule. The applicant`vohmtarily postponed the Planning and Zoning Board hearing to September 17,'12001 to give staff adequate time to review the proposed Structure Plan Amendment, which upon a detailed review, staff supported. A version of the Johnson Property Structure Plan Amendment and Rezoning was heard and voted on at the September 17, 2001,Planning and Zoning:,Board Meeting. The Planning and Zoning Board forwarded a recommendation to Council to approve the Structure Plan and Zoning Map amendments as redrawn in the diagram titled "Recommended Configuration by P&Z on 9/17" by a vote of 5-0.' Boardmembers expressed frustration that a recommendation was required to be made that night because they felt that all of the pertinent issues had not been resolved between staff and the applicant. Board members also voiced frustration about being involved in designing variations of the plan at the hearing. v In the days following the September 17, 2001 hearing, staff and the applicants met to resolve the issues that the Planning and Zoning Board. believed were pertinent to the justification of the proposed Structure Plan amendment. The applicants then made several design refinements based on design solutions proposed by staff, which in turn changed the proposed Structure Plan and=Zoning Map configuration tc�,be different than any scenario that had been discussed by the Plantun►' and Zoning Board al the September 17, 2001 hearing. Rather than take a recommended zoning configuration to Council that the Planning and Zoning Board had not seen or commented on, it was staffi recommendation to the applicant that the project go back to the Planning and.7.oning,Board for a recommendation on the new proposed configuration. The applicant again voluntarily postponed the "timely hearing" requirement to allow the issue to go back to the Planning and Zoning Board, this time for the October 18, 2001 Hearing. At the October 18, 2001 Planning and Zoning Board Hearing, the Board recommended by a vote of 4-0 to deny the Structure Plan Amendment and Rezone request as proposed by the applicant. The Board. however. did forward a recommended configuration for a Structure Plan Amendment and Rezone that it could support, by a vote of 3-1. as shown in the attached diagram titled "Recommended Configuration by P&Z on 10/18.- ORDINANCE NO. 190, 2001 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 JOHNSON PROPERTY 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, and the same hereby is,amended by changing the zoning classification from"T",Transitional Zone District, to "UE", Urban Estate Zone District, the "LMN", Low Density Mixed-Use Neighborhood Zone District, the "MMN", Medium Density Mixed-Use Neighborhood Zone District and the "I", Industrial Zone District as all of said zone districts are shown on Exhibit "A" attached hereto and incorporated herein by this reference for the following described property in the City known as the Johnson Property Rezoning: A TRACT OF LAND SITUATE IN SECTION 20,TOWNSHIP 7 NORTH,RANGE 68 WEST OF THE 6'H P.M., LARIMER COUNTY, COLORADO, WHICH, CONSIDERING THE SOUTH LINE OF SAID SECTION 20 AS BEARING EAST AND WEST;AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO,IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT A POINT WHICH BEARS EAST 1337.40 FEET,AND AGAIN N 00°51'00"W 1748.80 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 20,AND RUNS THENCE N00'51'00W 1479.02 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE EXISTING RAILROAD; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, S50°12'00"E 5042.05 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 20;THENCE ALONG SAID SOUTH LINE, WEST 2587.66 FEET TO THE SOUTHEAST CORNER OF THE PROPERTY DEEDED TO CARGILL IN BOOK 1383 AT PAGE 143; THENCE ALONG THE EASTERLY AND NORTHERLY BOUNDARY OF SAID PROPERTY DEEDED TO CARGILL,N00'34'00"E 339.79 FEET, AND AGAIN N15'14'00"W 193.40 FEET, AND AGAIN N50'23'00"W 360.30 FEET, AND AGAIN N42'24'00"W 246.15 FEET, AND AGAIN N50'48'00"W 366.40 FEET, AND AGAIN N38'26'30"W 729.12 FEET,AND AGAIN N77°15'00"W 36.75 FEET TO THE POINT OF BEGINNING. AND A TRACT OF LAND SITUATE IN THE WEST ONE-HALF OF SECTION 20, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6T' P.M., LARIMER COUNTY, COLORADO WHICH CONSIDERING THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 20 AS BEARING N90'0010011E AND WITH ALL BEARING CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE SOUTHWEST CORNER OF SAID SECTION 20 AND RUN THENCE N90'00'00"E 1337.40 FEET ALONG THE SOUTH LINE OF THE SAID SOUTHWEST ONE-QUARTER TO THE SOUTHWEST CORNER OF THE TRACT DESCRIBED IN BOOK 1383 AT PAGE 143 OF THE LARIMER COUNTY RECORDS; THENCE ALONG THE WEST LINE OF THE SAID TRACT ALONG AN EXISTING FENCE LINE,N00'5110011W 1748.80 FEET TO THE NORTHWEST CORNER OF THE SAID TRACT;THENCE CONTINUING ALONG THE EXISTING FENCE LINE N00'51'00"W 1480.05 FEET TO APOINT ON THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN RAILROAD;THENCE ALONG THE SAID RIGHT-OF-WAY LINE N50'11'57"W 1359.36 FEET AND AGAIN ALONG THE ARC OF A 2914.93 FOOT RADIUS CURVE TO THE RIGHT OF DISTANCE 409.71 FEET, THE LONG CHORD OF WHICH BEARS N46'10'21"W 409.38 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 20; THENCE S00'45'40"E 1730.46 FEET ALONG THE WEST LINE OF THE SAID NORTHWEST ONE-QUARTER;THENCE S00'35'l5"E 2651.99 FEET TO THE POINT OF BEGINNING. Section 2. No habitable structures(residences,schools and commercial structures at which people work on a regular basis) shall be permitted within one thousand(1,000)feet of the existing Drake Road Wastewater Treatment Plant or within one thousand (1,000) feet of the expansion to said plant planned by the Wastewater Utility as of the date of this ordinance, as shown on Exhibit "B" attached hereto. Section 3. 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 4. The City Engineer 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 November, A.D. 2001, and to be presented for final passage on the 20th.day of November, A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of November, A.D. 2001. Mayor ATTEST: City Clerk EXHIBIT "A' JOHNSON PROPERTY PARCEL I WiDUSTRLAL) A parcel of land located in the Northwest '/4 of Section 20, T 7 N,R 68 W of the 6`'P.M., County of Larimer, State of Colorado, which considering the south line of said Section 20, bearing South 89' 26' 35"East, as the basis of bearings,is more particularly described as follows: Commencing at the Northwest comer of said Section 20; thence South 00' 13' 56" East, a distance of 920.70 feet along the west line of the Northwest '/4 of said Section 20 to the TRUE POINT OF BEGINNING; Thence South 49° 38' 05"East, a distance of 728.42 feet; Thence South 00° 00' 00" West, a distance of 249.53 feet to a point of non-tangent curvature; Thence a distance of 440.35 feet along the arc of a non-tangent curve to the left having a radius of 451.06 feet, a central angle of 55' 56' 05" and being subtended by a chord bearing South 66' 51' 20"West, 423.07 feet to a point of non-tangency; Thence North 90' 00' 00" West, a distance of 454.72 feet to a point on said west line of the Northwest '/4 of said Section 20; Thence North 00` 13' 56" West, a distance of 1175.06 feet along said west line to the TRUE POINT OF BEGINNING. Contains 14.05 acres, more or less. JOHNSON PROPERTY PARCEL 2 (LMN) A parcel of land located in the.Northwest ''/4, Southwest ''/a, and Southeast ''/.of Section 20, T 7 N, R 68 W of the 61" P.M., County of Latimer, State of Colorado, which considering the south line of said Section 20, bearing South 89' 26' 35" East, as the basis of bearings, is more particularly described as follows: Commencing at the Northwest comer of said Section 20; thence South 00' 13' 56" East, a distance of 2095.76 feet along the west line of the Northwest '/. of said Section 20 to the TRUE POINT OF BEGINNING; Thence North 90' 00' 00"East, a distance of 454.72 feet to a point of non-tangent curvature; Thence 440.35 feet along the arc of a non-tangent curve to the right having a radius of 451.06 feet, a central angle of 55' 56' 05" and being subtended by a chord bearing North 66' 51' 20" East,423.07 feet to a point of non-tangency; Thence North 00' 00' 00"East, a distance of 249.53 feet; Thence South 49' 38' 05"East, a distance of 2642.05 feet; Thence South 40' 48' 27"West, a distance of 223.01 feet to a point of non-tangent curvature; Thence 860.20 feet along the arc of a non-tangent curve to the left having a radius of 645.67 feet, a central angle of 76' 19' 58" and being subtended by a chord bearing South 82' 54' 58" West, 797.98 feet to a point of non-tangency; Thence North 41' 19' 46" West, a distance of 512.30 feet to a point of curvature; Thence 220.90 feet along the arc of a curve to the left having a radius of 100.00 feet, a central angle of 126' 33' 48" and being subtended by a chord bearing South 75' 23' 20" West, 178.65 feet to a point of tangency; Thence South 12' 06' 26" West, a distance of 260.64 feet; Thence North 76'41' 35" West, a distance of 21.86 feet; Thence South 00' 17' 35" East, a distance of 1167.23 feet; Thence South 89` 16' 35"West, a distance of 290.63 feet; Thence North 43' 20' 52" West, a distance of 598.92 feet to a point of curvature; Thence 297.33 feet along the arc of a curve to the right having a radius of 393.00 feet, a central angle of 43' 20' 52" and being subtended by a chord bearing North 21, 40' 26" West, 290.29 feet to a point of tangency; Thence North 00' 00' 00" West, a distance of 55.92 feet; Thence North 89' 29' 34" West, a distance of 526.15 feet to a point on the west line of the Southwest Y<of said Section 20; Thence North 00' 01' 49" West, a distance of 1321.26 feet along said west line to the West '/< comer of said Section 20; Thence North 00' 13' 56" West, a distance of 556.47 feet along the west line of the Northwest '/4 of said Section 20 to the TRUE POINT OF BEGINNING. Contains 97.03 acres, more or less. s JOHNSON PROPERTY PARCEL 3 (MMN) A parcel of land located in the Southwest Y. of Section 20,T 7 N, R 68 W of the 61 P.M., County of Larirner, State of Colorado, which considering the south line of said Section 20, bearing South 89' 26' 35"East,as the basis of bearings,is more particularly described as follows: BEGINNING at the Southwest comer of said Section 20; Thence North 00' 01' 49" West, a distance of 1330.77 feet along the west line of said Southwest '/4; Thence South 89' 29' 34"East, a distance of 526.15 feet; Thence South 00' 00' 00"West, a distance of 55.92 feet to a point of curvature; Thence 297.33 feet along the arc of a curve to the left having a radius of 393.00 feet, a central angle of 43' 20' 52"and being subtended by a chord bearing South 21' 40' 26" East, 290.29 feet to a point of tangency; Thence South 43' 20' 52"East, a distance of 598.92 feet; Thence North 89' 16' 35" East, a distance of 290.63 feet; Thence South 00' 17' 35" East, a distance of 581.57 feet to a point on the south line of said Section 20; Thence North 89' 26' 35" West, a distance of 1337.40 feet along said south line to the TRUE POINT OF BEGINNING. Contains 30.09 acres, more or less. JOHNSON PROPERTY PARCEL 4(UE) A parcel of land located in the South '/2 of Section 20, T 7 N, R 68 W of the 6" P.M., County of Lartmer, State of Colorado, which considering the south line of said Section 20, bearing South 89' 26' 35"East,as the basis of bearings, is more particularly described as follows: Commencing at the Southeast corner of said Section 20; thence South 89' 26' 35" East, a distance of 120.09 feet along the south line of said Section 20 to the TRUE POINT OF BEGINNING; Thence South 89' 26' 35" East, a distance of 2521.42 feet along the said south line to the South `/.comer of said Section 20; Thence South 89' 26' 35"East,a distance of 66.19 feet along the said south line of Section 20; Thence North 01' 07' 25"East, a distance of 339.78 feet; Thence North 14"40' 35"West,a distance of 193.40 feet; Thence North 49' 49' 35"West, a distance of 360.30 feet; Thence North 41° 50' 35"West, a distance of 246.15 feet; Thence North 50° 15' 05" West, a distance of 366.40 feet; Thence North 37` 53' 05" West,a distance of 729.12 feet; Thence North 76° 4l' 35" West, a distance of 14.89 feet; Thence North 12° 06' 26"East, a distance of 260.64 feet to a point of curvature; Thence 220.90 feet along the arc of a curve to the right having a radius of 100.00 feet, a central angle of 126' 33' 48" and being subtended by a chord bearing North 75' 23' 20" East, 178.65 feet to a point of tangency; Thence South 41° 19' 46"East, a distance of 512.30 feet to a point of non-tangent curvature; Thence 860.20 feet along the arc of a non-tangent curve to the right having a radius of 645.67 feet, a central angle of 76` 19' 58" and being subtended by a chord bearing North 82° 54' 58" East, 797.98 feet to a point of non-tangency; Thence North 40` 48' 27"East, a distance of 223.01 feet; Thence South 49' 38' 05" East, a distance of 3031.46 feet to the TRUE POINT OF BEGINNING. Contains 85.51 acres, more or less. Legend ,-T- Railroad Existing Buildings Parcels 1000 Foot Buffer i Am ! ' 'r '1 M p �J l i t'Y`I J Y ° soo E000 ��Feet + o 0 FNL&R4FD 'Wffjff:wh-fM pLA,4-T wm� low VtT ek ffl-