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HomeMy WebLinkAbout026 - 03/01/1994 - ZONING FOSSIL CREEK ESTATES REZONING ORDINANCE NO. 26, 1994 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING DISTRICT MAP OF THE CITY OF FORT COLLINS BY CHANGING THE ZONING CLASSIFICATION FOR THAT CERTAIN PROPERTY KNOWN AS THE FOSSIL CREEK ESTATES REZONING WHEREAS, on December 21, 1993, the City Council adopted Ordinance No. 132, 1993, placing certain real property, known as Fossil Creek Estates Annexation ("the Property") into the T Transition Zoning District, subsequent to the annexation of the Property; and WHEREAS, under Section 29-423 of the City Code, the owner of any property in the T Transition Zoning District may, at any time, petition the City to remove such property from said zoning district and place it into another zoning district; and WHEREAS, on January 7, 1994, the owner of the Property petitioned the City to remove the Property from the T Transition Zoning District and to place the same in the R-L-P, Low Density Planned Residential Zoning District, with a planned unit development condition; and WHEREAS, the Planning and Zoning Board reviewed this proposed rezoning on January 31, 1994, and has recommended approval of the requested rezoning; and WHEREAS, under Section 29-45 of the City Code, the City Council has the power, upon the zoning or rezoning of any property, to impose reasonable conditions relating to use for the purpose of preserving and promoting the public health, safety and welfare of the inhabitants and the public generally, and to encourage and facilitate the orderly development of the City; and WHEREAS, the City_ Council , after notice and hearing, has determined that the R-L-P, Low Density Planned Residential Zoning District would be appropriate for the property, subject to the condition that any proposed use of the property be reviewed as a planned unit development, so as to enable the Planning and Zoning Board to apply the provisions of the Land Development Guidance System to such development; and WHEREAS, the City Council has further determined it is necessary and desirable in the public interest to impose an additional condition upon the use of the property with regard to the maximum density of any residential development thereon, so as to ensure that such development is compatible with other existing development in the surrounding area, and, more particularly, to ensure that the development of the Property does not unduly interfere with the existing wildlife habitat and other ecological features of the Cathy Fromme Natural Prairie, which is adjacent to the Property. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Sect-ion- I-_- That- the- Zoning Distric-t_ Map- adopted- by Chap-tQr 29 of the Code of the City of Fort Collins be, and the same hereby is, amended by changing the zoning classification from "T," Transition Zoning District, to "R-L-P," Low Density Planned Residential Zoning District, for the following described property in the City known as the Fossil Creek Estates Rezoning: A TRACT OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH P.M. , LARIMER COUNTY, COLORADO, WHICH CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10 AS BEARING N 89°48'03" E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE NORTH QUARTER CORNER OF SAID SECTION 10 AND RUN THENCE N 89048'03" E 1700.15 FEET; THENCE S 10°36'49" E 252.86 FEET; THENCE S 07045'11" W 184.30 FEET; THENCE S 53°29'56" W 20.31 FEET; THENCE S 39°56'21" W 49.98 FEET; THENCE S 57*26111" W 12.41 FEET; THENCE S 72*01'51" W 47.34 FEET; THENCE S 46°07'26" W 12.68 FEET; THENCE S 30006'51" W 15.03 FEET; THENCE S 19°42'41" W 25.10 FEET; THENCE S 07°05' 11" W 25.23 FEET; THENCE S 00°06'49" E 36.94 FEET; THENCE S 11°51'46" W 25.46 FEET; THENCE S 34°39'21" W 12.20 FEET; THENCE S 48°54'41" W 15.90 FEET; THENCE S 66°56'31" W 14.94 FEET; THENCE S 73`49'56" W 28.99 FEET; THENCE S 57°40'41" W 23.19 FEET; THENCE S 33°11'56" W 16.17 FEET; THENCE S 14°27'26" W 51.26 FEET; THENCE S 25°31'26" W 11.54 FEET; THENCE S 34'28'46" W 15.12 FEET; THENCE S 48037'56" W 108.01 FEET; THENCE S 63°42'56" W 18.46 FEET; THENCE S 54030'31" W 15.77 FEET; THENCE S 41°26'56" W 24.72 FEET; THENCE S 33025'26" W 28.84 FEET; THENCE S 49°01'41" W 42.67 FEET; THENCE S 58015'31" W 23.25 FEET; THENCE S 69°51'56" W 20.37 FEET; THENCE S 77°51'01" W 44.84 FEET; THENCE S 85°24'51" W 16.75 FEET; THENCE N 76°59'59" W 50.20 FEET; THENCE S 86°09'56" W 22.96 FEET; THENCE S 74052'06" W 27.89 FEET; THENCE N 71°01'29" W 23.44 FEET; THENCE N 55°24'49" W 18.89 FEET; THENCE N 85°51'39" W 86.15 FEET; THENCE N 78055'09" W 85.68 FEET; THENCE S 87°16'06" W 25.00 FEET; THENCE S 70°02'31" W 32.99 FEET; THENCE S 88'16'51" W 16.02 FEET; THENCE N 77035'04" W 18.38 FEET; THENCE N 50°34'24" W 29.46 FEET; THENCE S 57°17'06" W 102.12 FEET; THENCE N 26005'59" W 30.28 FEET; THENCE N 33°00'59" W 37.30 FEET; THENCE N 43035'49" W 58.50 FEET; THENCE N 64°13'59" W 33.37 FEET; THENCE N 71°19'24" W 85.77 FEET; THENCE N 49°09'49" W 34.42 FEET; THENCE N 35017'39" W 146.57 FEET; THENCE N 57°59'59" W 57.41 FEET; THENCE N 75°22'24" W 53.30 FEET; THENCE S 51°39'26" W 50.69 FEET; THENCE S 58002'56" W 31.03 FEET; THENCE N 89032'04" W 44.82 FEET; THENCE N 78°34'09" W 108.79 FEET; THENCE N 47°08'59" W 25.69 FEET; THENCE N 22"02'59" W 45.80 FEET; THENCE N 33°00'19" W 75.82 FEET; THENCE N 00008'56" E 527.33 FEET TO THE POINT OF BEGINNING. CONTAINING 31.1065 ACRES. Section 2. That the Sign District Map adopted pursuant to Section 29-593.1 of the Code of the City of Fort Collins be, and the same hereby is, changed and amended by showing that the above-described property is included in the Residential Neighborhood Sign District. Section 3. That the zoning granted herein is expressly conditioned upon the entire above-described property being developed as a planned unit development in accordance with the Ordinances of the City. Section 4. That the Property which is the subject of this Zoning Ordinance shall be used only for residential purposes and, on a gross acreage basis, the average residential density shall not exceed two (2) dwelling units per acre. This Ordinance shall supersede any conflicting provisions regarding minimum residential densities which may be contained in the Land Development Guidance System (and, by reference, the Comprehensive Plan) , including, without limitation, Section 29-526(d) (2) Chart A-1.2 and Section 29-526(d) Activity "H" Residential Uses. No variance shall be required under Section 29-526(K) of the Land Development Guidance System in order for the use of said Property to conform to the maximum density requirement imposed under this Section. Section 5. The City Engineer is hereby authorized and directed to amend said Zoning District Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 15th day of February, A.D. 1994, and to be presen for final pas on the 1st day of March, A.D. 1994. Ma,�o v ATTEST: �^ City Clerk Passed and adopted on final reading this 1 ay o March D. 1 94. - -2 ATTEST: City Clerk