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Home My WebLink About019 - 02/21/2023 - AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING CLASSIFICATION FOR THAT C (2) ORDINANCE NO. 019, 2023 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 LANDING AT LEMAY 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, the City has received a request to rezone an approximately seventeen-acre property located within the City east of the intersection Lemay Avenue and Duff Drive (hereinafter, "The Landing at Lemay Rezoning") from the Industrial (I) zone district to the Medium Density Mixed-Use Neighborhood (M-M-N) zone district; 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 City Council has considered The Landing at Lemay Rezoning and has determined that said property should be rezoned as hereinafter provided; and WHEREAS,the City Council has further determined that The Landing at Lemay Rezoning, in consideration of the conditions of approval set forth in this Ordinance and a related Structure Plan Map amendment request, is consistent with the City's Comprehensive Plan and is warranted by changed conditions within the neighborhood surrounding and including The Landing at Lemay Rezoning; and WHEREAS, to the extent applicable, the City Council has also analyzed the proposed rezoning against the considerations as established in Section 2.9.4(H)(3) of the Land Use Code; and WHEREAS, the Planning and Zoning Commission at its December 15, 2022, regular meeting recommended that Council approve The Landing at Lemay Rezoning and the requested amendment of the Structure Plan Map on a 5-1 vote; and WHEREAS, the City Council finds that The Landing at Lemay Rezoning is in the best interest of the City. 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 approval of The Landing at Lemay Rezoning is conditional upon City Council approving the requested amendment to the Structure Plan Map related to The Landing at Lemay Rezoning on second reading. The Structure Plan Amendment is necessary for The Landing at Lemay Rezone to comply with the Comprehensive Plan. If such Structure Plan Map amendment is not approved on second reading, this Ordinance shall be null and void. Section 3. That The Landing at Lemay Rezoning is conditional upon the following: (A) Residential development within the boundaries of The Landing at Lemay Rezoning shall achieve 15 combined points from the Energy, Renewables, and Water Sub- Categories of the 2021 Residential Metro District Points System. (B) Residential development within the boundaries of The Landing at Lemay Rezoning shall achieve 5 combined points from the Neighborhood Livability Category of the 2021 Residential Metro District Points System. No final plan for residential development within the boundaries of The Landing at Lemay Rezoning shall be approved unless the above two conditions have been satisfied. Section 4. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby amended by changing the zoning classification from Industrial ("I") Zone District to Medium Density Mixed-Use Neighborhood ("M-M-N")Zone District,for the following described property in the City known as The Landing at Lemay Rezoning: PARCEL I: A TRACT OF LAND SITUATE IN THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO WHICH CONSIDERING THE WEST LINE OF THE SAID NORTHWEST 1/4 AS BEARING SOUTH 02" 04' 03"' WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN RAILROAD WH1CH BEARS SOUTH 020 04' 03" WEST 80.00 FEET, AND AGAIN SOUTH 89° 36' 37" EAST 977.15 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 7 AND RUN THENCE SOUTH 890 36' 37"EAST 265.85 FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE: THENCE SOUTH 020 04'03" WEST 420.81 FEET; THENCE SOUTH 89" 36' 58" EAST 58.51 FEET; THENCE SOUTH 50" 01' 54" EAST 914.21 FEET TO THE MOST NORTHERLY CORNER OF FORT COLLINS CENTER-SECOND FILING; THENCE ALONG THE BOUNDARY LINE OF SAID SECOND FILING, SOUTH 39° 58' 06" WEST 658.00 FEET TO THE NORTHWEST CORNER OF FORT COLLINS BUSINESS CENTER - THIRD FILING; THENCE NORTH 50" 01' 54" WEST 150.00 FEET; THENCE SOUTH 330 06'53" WEST 350.16 FEET; THENCE NORTH 870 55' 57" WEST 294.16 FEET; THENCE NORTH 020 04' 03" EAST 38.81 FEET; THENCE NORTH 87" 55' 57" WEST 204.00 FEET: THENCE NORTH 02"04'03" EAST 62.53 FEET; THENCE NORTH 87" 55' 57" WEST 503.00 FEET; THENCE NORTH 02"04' 03"EAST 24.72 FEET TO A POINT ON THE PROPOSED EASTERLY LINE OF LEMAY AVENUE; THENCE ALONG SAID EASTERLY LINE, NORTH 38° 58'00" EAST 680.12 FEET; AND AGAIN ALONG THE ARC OF A 1125.00 FOOT RADIUS CURVE TO THE LEFT A DISTANCE OF 652.52 FEET, THE LONG CHORD OF WHICH BEARS NORTH 22- 21' 01" EAST 643.41 FEET. AND AGAIN NORTH 050 44'03" EAST 427.39 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM, THE PARCELS CONVEYED IN INSTRUMENTS RECORDED OCTOBER 17, 1986 UNDER RECEPTION NO. 86060308, NOVEMBER 13, 1986 UNDER RECEPTION NO. 86066341, MARCH 6, 1988 UNDER RECEPTION NO. 88025752 AND MARCH 28, 2016 UNDER RECEPTION NO. 20160018392, COUNTY OF LARIMER, STATE OF COLORADO. PARCEL 2: A TRACT OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 7,. TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 7 AS BEARING NORTH 000 33' 5 1" EAST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7;THENCE ALONG SAID WEST LINE, NORTH 00° 33' 51" EAST, 993.59 FEET; THENCE, SOUTH 89' 26' 09" EAST, 794.24 FEET, SAID POINT ALSO BEING ON THE NORTH LINE OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NO. 20070066749; THENCE ALONG THE NORTH AND WEST LINES OF SAID TRACT THE FOLLOWING 2 COURSES AND DISTANCES: SOUTH 89' 26' 09" EAST, 26.74 FEET; THENCE, SOUTH 00' 33' 51" WEST, 14.55 FEET TO A POINT ON THE WEST LINE OF SAID TRACT; THENCE SOUTH 60' 52' 44" EAST, 100.36 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE NORTHERLY LINE OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NO. 86066341; THENCE ALONG THE NORTHERLY AND EASTERLY LINES OF SAID TRACT THE FOLLOWING 4 COURSES AND DISTANCES: SOUTH 89" 26' 09" EAST, 115.85 FEET; THENCE, SOUTH 00' 33' 51" WEST, 38.31 FEET; THENCE SOUTH 890 26'09"EAST,294.18 FEET;THENCE,SOUTH 31°36'41"WEST, 162.07 FEET;THENCE DEPARTING SAID EASTERLY LINE, NORTH 60" 52' 44" WEST, 371.65 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM, THE PARCELS CONVEYED IN INSTRUMENT RECORDED MARCH 28, 2016 UNDER RECEPTION NO. 20160018392, COUNTY OF LARIMER, STATE OF COLORADO. PARCEL 3: A TRACT OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 7 AS BEARING NORTH 00" 33' 51" EAST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7;THENCE ALONG SAID WEST LINE, NORTH 00° 33' 51" EAST, 993.59 FEET; THENCE, SOUTH 89' 26 09" EAST, 794.24 FEET TO THE POINT OF BEGINNING,SAID POINT ALSO BEING ON THE NORTH LINE OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NO. 20070066749; THENCE ALONG THE NORTH AND WEST LINES OF SAID TRACT THE FOLLOWING 2 COURSES AND DISTANCES: SOUTH 890 26' 09" EAST, 26.74 FEET; THENCE, SOUTH 00' 33' 51" WEST, 14.55 FEET TO A POINT ON THE WEST LINE OF SAID TRACT; THENCE DEPARTING SAID WEST LINE, NORTH 60° 52' 44" WEST, 30.44 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM, THE PARCELS CONVEYED IN INSTRUMENT RECORDED MARCH 28, 2016 UNDER RECEPTION NO. 20160018392, COUNTY OF LARIMER, STATE OF COLORADO. Section 3. That the Residential Neighborhood Sign District Map adopted pursuant to Section 3.8.7.1(M)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. That the Lighting Context Area Map adopted pursuant to Section 3.2.4(H) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the property subject to The Landing at Lemay Rezoning is included in the LC Lighting Context Area. Section 5. The City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading d ordered published this 7th day of February, 2023, and to be presented for final passage on e 21st day of Febru , 2023. or ATTEST: n City Clerk Passed and adopted on final read7n this 21 st day of b ary, 2023. ♦•. •%V. {.a ATTE ' City Clerk .ccoi xlt#t: FTC-003I60 FORT-COLL.IN ,1 Invoice Text 0__ NOTICE IS HEREBY GIVEN that the Fort Collins City Counr 0A_ STATE OF COLORADO COUNTY OF LARIMER AFFIDAVIT OF PUBLICATION CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE FORT COLLINS CO 80521 1,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same is a daily newspaper of general circulation and printed and published in the City of Fort Collins,in said county and state;that the notice or advertisement,of which the annexed is a true copy,has been published in said daily newspaper and that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof;that the publication of said notice was contained in the issues of said newspaper dated on 02/12/23 that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to;that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. Legal Clerk Subscribed and sworn to before me,within the County of Brown,State of Wisconsin this 12th of February 2023. ..............----- Notary Public NotaryExpires Legal No.0005589534 Ad#.0005589534 N A N C Y H E Y P M A N Affidavit Prepared P O : Sunday,February 12,202.4:18 am This is not an invoice Notary Public 9ofAftidavits:1 State of Wisconsin �-#of Affidavits: NOTICE 1S HEREBY GIVEN that the Fort Collins City Council,on Tuesday, February 12,2023,passed and adopted the following ordinance(s)on first reading. The ordinance(s)will be pre- sented for final passage on Tuesday, February 21,2023: ORDINANCE NO.013,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE FROM THE COLORADO COMMUNITY REVITALIZATION GRANT PROGRAM IN THE CULTURAL SERVICES&FA- CILITIES FUND FOR THE RENOVA- TION OF THE CARNEGIE CENTER FOR CREATIVITY AND APPROVING THE ASSOCIATED GRANT AGREE- MENT ORDINANCE NO.014,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PHILANTHROPIC REVENUE RE- CEIVED BY CITY GIVE FOR TREE PLANTING IN THE FORESTRY DE. PARTMENT ORDINANCE NO.015,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PHILANTHROPIC REVENUE RE- CEIVED BY CITY GIVE AND CON- SERVATION TRUST FUNDS FOR THE CONSTRUCTION OF THE 9111 MEMO- RIAL AT SPRING PARK AND RELAT- ED ART IN PUBLIC PLACES ORDINANCE NO.016,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE 2023 AMENDED CLASSIFIED EMPLOY- EES PAY PLAN TO UPDATE CLASSI- FIED POSITIONS AS PROVIDED IN THE COLLECTIVE BARGAINING AGREEMENT WITH THE FRATER- NAL ORDER OF POLICE ORDINANCE NO.017,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND FOR THE COST OF POLICE SERVICES SALARY AND BENEFIT INCREASES AS PROVIDED IN THE COLLECTIVE BARGAINING AGREEMENT WITH THE FRATER- NAL ORDER OF POLICE ORDINANCE NO.018,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CIT- Y'S STRUCTURE PLAN MAP ORDINANCE NO.019,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS BY CHANGING THE ZON- ING CLASSIFICATION FOR THAT CERTAIN PROPERTY KNOWN AS THE LANDING AT LEMAY REZONING ORDINANCE NO.020,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING SUPPLE- MENTAL APPROPRIATION FROM THE EIGHTH JUDICIAL DISTRICT VICTIM ASSISTANCE AND LAW EN- FORCEMENT BOARD FOR THE FORT COLLINS POLICE SERVICES VICTIM SERVICES UNIT ORDINANCE NO.021,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING SUPPLE- MENTAL APPROPRIATION FROM THE COLORADO DIVISION OF CRIMI- NAL JUSTICE UNDER THE FEDERAL VICTIM OF CRIME ACT FOR THE FORT COLLINS POLICE SERVICES VICTIM SERVICES UNIT ORDINANCE NO.022,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING SUPPLE- MENTAL APPROPRIATIONS AND AU- THORIZING TRANSFERS FOR THE ENVIRONMENTAL SERVICES RA- DON PROGRAM The full text of the ordinance(s)can be found at http://fcgov.com/publicnotices or by calling the City Clerk's Office at 970.221.6515. 0005589534 Coloradoan FEB.12,2023 Account#: FTC-003160 � � FORT`-CCLLINS R 1 � Invoice Text �I �� '� ��II NOTICE IS HEREBY GIVEN that the Fort Collins City Count STATE OF COLORADO COUNTY OF LARIMER AFFIDAVIT OF PUBLICATION CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE FORT COLLINS CO 80521 I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same is a daily newspaper of general circulation and printed and published in the City of Fort Collins,in said county and`stafe;that the notice or advertise ent,of which the annexed is a true copy,has been published in said daily newspaper and that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof;that the publication of said notice was contained in the issues of said newspaper dated on 02/26/23 that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to;that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. �b Legal Clerk Subscribed and sword to before me,within the County of Brown,State of Wisconsin this 26th of February 2023. Notate Public 1 Notary Expires LNOtary K TT Legal No.0005606474 PublicAd#:0005606474 Stcisconsjn Affidavit Prepared P O: Sunday,Febsvary 26,202:4:18 sun This is not an invoice #of Affidavits:1 #of Affidavits: NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on Tuesday, February 21,2023,passed and adopted the following ordinance(s)on second reading; ORDINANCE NO.013,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTI- CIPATED GRANT REVENUE FROM THE COLORADO COMMUNITY REVI- TALIZATION GRANT PROGRAM IN THE CULTURAL SERVICES&FA- CILITIES FUND FOR THE RENOVA- TION OF THE CARNEGIE CENTER FOR CREATIVITY AND APPROVING THE ASSOCIATED GRANT AGREE- MENT ORDINANCE NO.014,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PHILAN- THROPIC REVENUE RECEIVED BY CITY GIVE FOR TREE PLANTING IN THE FORESTRY DEPARTMENT ORDINANCE NO.015,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PHI LAW THROPIC REVENUE RECEIVED BY CITY GIVE AND CONSERVATION TRUST FUNDS FOR THE CONSTRUC- TION OF THE 9/11 MEMORIAL_AT_._.. ..... SPRING PARK AND RELATED ART IN PUBLIC PLACES ORDINANCE NO.016,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE 2023 AMENDED CLASSIFIED EMPLOY- EES PAY PLAN TO UPDATE CLASSI- FIED POSITIONS AS PROVIDED IN THE COLLECTIVE BARGAINING AGREEMENT WITH THE FRATER- NAL ORDER OF POLICE ORDINANCE NO.017,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND FOR THE COST OF POLICE SERVICES SALARY AND BENEFIT INCREASES AS PROVIDED IN THE COLLECTIVE BARGAINING AGREE- MENT WITH THE FRATERNAL OR- DER OF POLICE ORDINANCE NO.018,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY'S STRUCTURE PLAN MAP ORDINANCE NO.019,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS BY CHANGING THE ZON- ING CLASSIFICATION FOR THAT CERTAIN PROPERTY KNOWN AS THE LANDING AT LEMAY REZONING ORDINANCE NO.020,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING SUPPLEMENTAL APPROPRIATION FROM-THE_ EIGHTH JUDICIAL DISTRICT VICTIM ASSISTANCE AND LAW ENFORCE- MENT BOARD FOR THE FORT COLLINS POLICE SERVICES VICTIM SERVICES UNIT ORDINANCE NO.021,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAILING SUPPLEMENTAL APPROPRIATION FROM THE COLORADO DIVISION OF CRIMINAL JUSTICE UNDER THE FEDERAL VICTIM OF CRIME ACT FOR THE FORT COLLINS POLICE SERVICES VICTIM SERVICES UNIT ORDINANCE NO.022,2023 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING SUPPLEMENTAL APPROPRIATIONS AND AUTHORIZ- ING TRANSFERS FOR THE ENVI- RONMENTAL SERVICES RADON PROGRAM The full text of the ordinonce(s)can be found at htip:/Ifcgov.com/publienotices or by calling the City Clerk's Office al 970.221.6515. 0005606474 Colorodoon FEB.26,2023