HomeMy WebLinkAbout115 - 10/06/2020 - AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND AMENDING ORDINANCE NO. 177, 2017, BY CHANGIN ORDINANCE NO. 115, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE
CITY OF FORT COLLINS AND AMENDING ORDINANCE NO. 177, 2017, BY
CHANGING THE ZONING CLASSIFICATION FOR PROPERTY KNOWN AS THE
SPRING CREEK REZONING REZ170001 —CORRECTION OF MAP ERRORS
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, on January 2, 2018, Fort Collins City Council adopted on second reading
Ordinance No. 177, 2017, amending the City Zoning Map by changing the zoning classification,
with 6 conditions, for certain property known as the Spring Creek Rezoning REZ170001 (the
"2017 Rezoning Ordinance"); and
WHEREAS, the 2017 Rezoning Ordinance adjusted the location, size and boundary
between two zone districts within a 19.55 acre parcel located at the southeast corner of South
Shields Street and Hobbit Street,by shifting the Neighborhood Commercial (N-C) zone south and
reducing it by 2.88 acres to 6.42 acres and shifting the Medium Density Mixed-Use Neighborhood
(M-M-N) zone north and increasing it by 2.88 acres to 13.13 acres; and
WHEREAS, the 2017 Rezoning Ordinance contained minor typographical errors in the
text of the legal descriptions (the "Map Errors") for the two parcels of the property described
therein (collectively, the "Property") that require correction; and
WHEREAS, correction of the Map Errors will not modify the location, size of or the
boundary between the two zone district parcels located within the Property, but will only adjust
the written legal description of those parcels to correct errors in the written text of the legal
descriptions; and
WHEREAS, the proposed rezoning of the Property to correct the Map Errors does not alter
the intent, analysis, findings or conditions related to the 2017 Rezoning Ordinance; and
WHEREAS, no formal development plans have been submitted to the City since the 2017
Rezoning Ordinance was approved, although City staff is aware of development interest in the
property and may receive a formal submittal in 2020 so that time is of the essence to correct the
Map Errors in the legal description of and zoning map for the Property; and
WHEREAS, the City Council has considered this proposed rezoning of the Property to
correct these Map Errors ("Rezoning to Correct Map Errors"), including information, materials,
findings of fact and conclusions contained in the Agenda Item Summary and Agenda materials
prepared for this hearing, as well as the information, materials, public comment presented at this
hearing and Council discussion thereof; and
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WHEREAS, the City Council has found and determined that this proposed Rezoning to
Correct Map Errors continues to comply with all applicable Land Use Code requirements,
including the requirements established in Section 2.9.4(H)(3) of the Land Use Code; and
WHEREAS, the City Council has also found and determined that this proposed Rezoning
to Correct Map Errors remains 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, the City Council has further found that the Conditions included in the 2017
Rezoning Ordinance remain in compliance with the provisions of LUC Section 2.2.9 in that they
are necessary to accomplish the purposes and intent of the LUC and have a reasonable nexus to
the potential impacts of the proposed rezoning and are roughly proportional in nature and extent
to such impacts,and that such Conditions are not impacted or modified by this proposed Rezoning
to Correct Map Errors; and
WHEREAS, in accordance with the foregoing, the City Council has considered this
Rezoning to Correct Map Errors and has determined that said Property is the subject of this
Ordinance should be rezoned to correct the Map Errors as hereinafter provided.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the Zoning Map adopted by Division 1.3 of the Land Use Code and as
modified by the 2017 Rezoning Ordinance is hereby amended to correct the legal description of
the Medium Density Mixed-Use Neighborhood ("M-M-N") zone district to read as follows:
A tract of land located in the Northwest Quarter of Section 23, Township 7 North, Range
69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado being
more particularly described as follows:
Considering the West line of the Northwest Quarter of Section 23,T7N, R69W as bearing
South 00' 19'01" West and with all bearings contained herein relative thereto:
Commencing at the Northwest corner of Section 23; thence along the West line of the
Northwest Quarter of Section 23, South 00' 19' 01" West, 713.81 feet; thence, South 89--
2 V 59" East, 50.00 feet to the POINT OF BEGINNING; thence along a curve concave to
the southeast having a central angle of 90' 19'00" with a radius of 25.00 feet, an are length
of 39.41 feet and the chord of which bears North 45'28'31" East,35.45 feet; thence,South
89' 21' 59" East, 456.98 feet; thence along a curve concave to the northwest having a
central angle of 25" 59' 21" with a radius of 267.00 feet, an arc length of 121.11 feet and
the chord of which bears North 77° 38' 20" East, 120.07 feet; thence, South 89' 21' 59"
East, 435.72 feet; thence along a curve concave to the south having a central angle of 13"
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05' 59" with a radius of 518.12 feet, an arc length of 118.46 feet and the chord of which
bears South 84' 06' 19" West, 118.20 feet; thence, South 100 06' 09" East, 153.80 feet;
thence along a curve concave to the east having a central angle of 24' 24'52" with a radius
of 664.52 feet, an are length of 283.16 feet and the chord of which bears South 22" 22' 22"
East, 281.02 feet; thence, South 55' 47' 39" West, 20.96 feet; thence, South 07" 14' 10"
East, 409.86 feet; thence, South 05' 39' 23" East, 103.47 feet; thence, North 52' 49' 40"
West, 174.60 feet; thence, North 22' 53' 52" West, 9.39 feet; thence, North 72' 41' 45"
West, 13.65 feet; thence, North 52'45'08" West, 71.61 feet; thence along a curve concave
to the south having a central angle of 35°29'52" with a radius of 400.00 feet, an arc length
of 247.82 feet and the chord of which bears North 78' 45' 38" West, 243.88 feet; thence,
North 00' 19' 01" East, 284.42 feet; thence, North 89' 40' 59" West, 647.89 feet; thence,
North 000 19' 01" East, 407.00 feet to the Point of Beginning, containing 571,975 square
feet or 13.131 acres more or less.
Section 3. That the Zoning Map adopted by Division 1.3 of the Land Use Code as
modified by the 2017 Rezoning Ordinance is hereby amended to correct the legal description of
the Neighborhood Commercial ("N-C") zone district south to read as follows:
A tract of land located in the Northwest Quarter of Section 23, Township 7 North, Range
69 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado being
more particularly described as follows:
Considering the West line of the Northwest Quarter of Section 23, T7N, R69W as bearing
South 00' 19' 01" West and with all bearings contained herein relative thereto:
Commencing at the Northwest corner of Section 23; thence along the West line of the
Northwest Quarter of Section 23, South 001 19' 01" West, 713.81 feet; thence, South 89"
21' 59" East, 50.00 feet; thence, South 00" 19' 01" West, 407.00 feet to the POINT OF
BEGINNING;thence,South 89V 40'59" East,647.89 feet; thence, South 00" 19'01" West,
284.42 feet; thence along a curve concave to the south having a central angle of 16' 57'
53" with a radius of 400.00 feet, an arc length of 118.44 feet and the chord of which bears
South 75' 00' 30" West, 118.00 feet; thence, South 66' 20' 56" West, 227.30 feet; thence,
South 68' 21' 24" West, 94.78 feet; thence South 44-- 26' 15" West, 213.35 feet; thence,
South 59' 17' 14" West, 104.96 feet; thence, North 00" 19' 01" East, 650.61 feet to the
Point of Beginning, containing 279,656 square feet or 6.420 acres more or less.
Section 4. That this Rezoning to Correct Map Errors shall operate to correct, modify
and supersede the legal descriptions of the parcels described in Ordinance 117, 2017; all other
provisions of Ordinance 17, 2017, shall remain in full force and effect, including the Conditions
set forth therein.
Section 5. That the City Manager is hereby authorized and directed to amend said
Zoning Map in accordance with this Ordinance.
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Introduced, considered favorably on first reading, and ordered published this 15th day of
September 2020, and to be presented for final passage on the 6th day of October, A.D. 2020.
Mayor
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Passed and adopted on final reading on this 6th day of October A.D. 2020.
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