HomeMy WebLinkAbout066 - 05/20/2003 - REZONING EAST MULBERRY CORRIDOR PLAN REZONING ORDINANCE NO. 066, 2003
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 EAST MULBERRY CORRIDOR PLAN 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 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 as follows:
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"I",Industrial Zone District,to
the Medium Density Mixed-Use Neighborhood(MMN)Zone District, for the following described
properties in the City known as the East Mulberry Corridor Plan Rezoning:
Parcel#87072-00-002 (15.79 Acres)
A tract of land located in the Northwest Quarter of Section 7, Township 7 North,
Range 68 West of the 6ffi P.M., described as follows:
Beginning at a point on the West line of said Section 7, which point is 1320 feet
North from the West Quarter corner of said Section 7;
Thence East 30 feet;thence South 300 feet;thence East 791 feet;thence South 1020
feet;more or less,to the South line of said Northwest Quarter;thence West along the
South line of the Northwest Quarter of said Section 7 821 feet to said West Quarter
corner; thence North 1320 feet to the point of beginning;
EXCEPT a parcel of land described in Book 1974 at Page 581 of the Larimer County,
Colorado records.
Parcel#87072-00-026 (1.71 Acres)
A parcel of land situated in the NW1/4 or Section 7, Township 7 North, Range 68
West of the 6th P.M., City of Fort Collins, Larimer County, Colorado, more
particularly described as follows:
Commencing at the SW corner of the NW 1/4 said Section 32;thence NO2°04'03"E,
along the West line of said NW1/4 a distance of 40.01 feet; thence S89027544" E
parallel with and 40.00 feet northerly of the South line of said NW 1/4 and along the
northerly R.O.W.line extended westerly of East Lincoln Avenue a distance of 75.01
feet to a point lying on the easterly corner of that parcel of land described in Book
1974 at Page 581 of the Larimer County,Colorado,records begin the intersection of
said northerly R.O.W. line and the easterly R.O.W. line of North Lemay Avenue,
said point being the point of beginning;thence N12°51'17"W along the easterly line
of said parcel described in Book 1974 at Page 581 and said easterly R.O.W. line a
distance of 174.69 feet to the northerly corner of said parcel described in Book 1974
at Page 581; thence NO2°04'03"E parallel with and 30.00 feet easterly of the West
line of said NW1/4 and continuing along said easterly R.O.W. line a distance of
131.16 feet; thence S89027'44" E parallel with the South line of said NW1/4 a
distance of 237.58 feet; thence S06015'14" E a distance of 303.17 feet to a point
lying on said northerly R.O.W. line; thence N89°27'44" W along said northerly
R.O.W. line parallel with and 40.00 feet northerly of the South line of said NW1/4
a distance of 236.47 feet to the point of beginning.
Section 2. 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 not included in the Residential Neighborhood Sign District.
Section 3. That if any portion of the property which is the subject of this ordinance is
developed for residential purposes,the developer thereof shall,concurrently with but separately from
the recording of the plat of any such residential development, also record with the Larimer County
Clerk and Recorder a prominent "notice" notifying through the public record all purchasers of
residential property in such development of the existence of a nearby airport and of the likelihood
that airplanes will be flying either over or near such residential development. Such"notice" shall
include a legal description of the subject residential development in both prose and in graphic form
and shall impose an obligation upon the owners of any rental units constructed on such property to
notify all prospective tenants of such units of the proximity of the airport, which obligations shall
be enforceable by the City in a court of competent jurisdiction.
Section4. 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 15th day of
April, A.D. 2003, and to be presented for final passage on the 20th day of May, A.D. 2003.
,Mayor
ATTEST:
"/6x
City Clerk /1!
Passed and adopted on final reading this 20th day of May, A.D. 2003.
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Mayor
ATTEST:
City Clerk lalml'-ic j �