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HomeMy WebLinkAbout052 - 05/21/1996 - REZONING THE PROPERTY KNOWN AS THE COUNTRY CLUB FARMS ORDINANCE NO. 52, 1996 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 REAL PROPERTY KNOWN AS THE COUNTRY CLUB FARMS WHEREAS, Section 29-423 of the City Code provides that 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 in another zoning district; and WHEREAS,the owner of certain real property described in Section 1 of this Ordinance (the "Property") has petitioned the City to rezone said property from the "T" Transition Zoning District into the RLP Zoning District, with a P.U.D. condition; and WHEREAS, on April 8, 1996, the foregoing zoning request was reviewed by the Planning and Zoning Board as required by the City Code; and WHEREAS, at a public hearings on April 16, 1996 and May 7, 1996, the City Council considered evidence and received recommendations from City staff and the Planning and Zoning Board with regard to said rezoning request; and WHEREAS,the City Council has determined that it would be in the best interests of the City to place a portion of the Property in the"I-L"Zoning District("Parcel 1") and the remaining portion in the"R-L-P"Zoning District("Parcel 2")and that such rezoning would be consistent with the goals and objectives of the City's Comprehensive Plan and with Policy Nos. 3a, 3d, 19, 39,41, 60, 61, 78, 79b, and 79d of the City's Land Use Policies Plan; and WHEREAS, attaching a condition that the Property be developed as a planned unit development would allow for the residential development of the Property, as well as other land uses, so long as the provisions of the City's Land Development Guidance System were met with regard to any such land use proposal; and WHEREAS,the City Council also believes that it would be in the best interests of the City to attach an additional condition to the zoning of Parcel 1 so that any residential use thereon would have a minimum overall average density of six (6) dwelling units per net developable acre as hereinafter defined and that the minimum overall average density of any residential development on both Parcel I and Parcel 2 shall be six (6) units per net developable acre; and WHEREAS, the City Council believes that this additional condition is necessary and in the best interests of the City to satisfy Land Use Policy Nos. 12,41, 75, 80b, 80c, 80d, and 80e of the City's Land Use Policies Plan; and WHEREAS, requiring any residential development on Parcel 1 to be at a minimum overall average density of six (6) dwelling units per net developable acre is consistent with Criterion 1 of the Residential Use Point Chart of the City's Land Development Guidance System, which requires a minimum of sixty (60) percentage points for any residential development of six (6) or fewer dwelling units per acre; and WHEREAS, Section 29-45 of the City Code provides that the City Council may impose reasonable conditions on zoning and rezoning designations which relate to the use of the subject property in order to preserve and promote the public health, safety and welfare of the inhabitants of the City and the public generally,and to encourage and facilitate the orderly development of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the Zoning District Map adopted by Chapter 29 of the Code of the City of Fort Collins be, and the same hereby is, amended by changing the zoning classification for Parcel 1, which is legally described on Exhibit"A", attached hereto and incorporated herein by reference, from "T", Transition Zoning District, to "I-L", Limited Industrial Zoning District, and further amended by changing the zoning classification for Parcel 2, which is legally described on Exhibit "B" attached hereto and incorporated herein by reference,from "T", Transition Zoning District, to "R-L-P", Low Density Planned Residential District. 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 properties described on Exhibits "A" and `B" are included in the Residential Neighborhood Sign District. Section 3. That the zoning granted herein is expressly conditioned upon Parcels 1 and 2 both being developed as one or more planned unit developments in accordance with the ordinances of the City and that any residential development on Parcel 1 shall be at a minimum overall average density of six (6) units per net developable acre of Parcel 1 and that the minimum overall average density of any residential development on both Parcel 1 and Parcel 2 shall be six (6) units per net developable acre. For purposes of this Ordinance, the term "net developable acre" shall be defined as total gross acreage less any acreage, or any part thereof, devoted to one or more of the following uses: public schools; utility and storm drainage easements; access easements or rights-of-way; ditch easements; or open space, wetlands,park, or buffer areas which are to be permanently dedicated to such use. Section 4. 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 order7ayf ublished this 16th ddal of April, A.D. 1996, and to be presented for final passage on the R- d May, A.D-1.94G. _ ._ ayor ATTEST: City Clerk (I Passed and adopted on final reading this 21st day of May,-kIS. 96. Mayor ATTEST: (/ City Clerk EXHIBIT A LAND DESCRIPTION COUNTRY CLUB FARMS P.U.D. PARCEL I That portion of the West Half of Section 5 , Township 7 North, Range 68 West of the 6th P.M. , Larimer County, Colorado, described as follows : Considering the South line of the Southwest Quarter of said Section 5 as bearing North 89°11 '26" West and with all bearings contained herein relative thereto. Commencing at the South Quarter corner of said Section 5; thence along said South line of the Southwest Quarter North 89'11 ' 26" West 300.00 feet to the True Point of Beginning; thence continuing along said South line North 89'11 ' 26" West 470. 00 feet; thence North 00'48 '34" East 596. 71 feet; thence North 89'11 ' 26" West 146.00 feet; thence South 00'48 ' 34" West 82. 22 feet; thence North 89011 ' 26" West 254. 00 feet; thence South 00044 ' 01" West 514.49 feet to said South line of the Southwest Quarter; thence along said South line North 89011 ' 26" West 1424.94 feet; thence North 00'25 ' 55" East 176.34 feet; thence North 89'34 ' 32" West 50. 67 feet to the West line of said West Half of Section 5; thence along said West line North 00025 ' 55" East 1147 .83 feet; thence North 90000 '00" East 289.94 feet; thence South 29058119" East 961 .99 feet to the beginning of a curve concave to the Southeast, having a central angle of 09039 ' 11" and a radius of 502 . 63 feet, the long chord of which bears North 55 '04 ' 57" East for 84. 58 feet; thence Northeasterly along the arc of said curve 84. 68 feet; thence North 59'56 '03" East 391. 05 feet to the beginning of a tangent curve concave to the Northwest, having a central angle of 66'03 ' 15" and a radius of 550 . 00 feet, the long chord of which bears North 26'54' 26" East for 599 . 54 feet; thence Northeasterly along the arc of said curve 634. 08 feet; thence North 06'07 ' 12" West 94. 23 feet; thence North 83'11 ' 03" East 113.06 feet to the beginning of a tangent curve concave to the South, having a central angle of 18049 ' 16" and a radius of 730 .00 feet, the long chord of which bears South 87'24' 19" East for 238. 72 feet; thence Easterly along the arc of said curve 230.80 feet; thence South 77'59 '41" East 297 . 54 feet to the beginning of a tangent curve concave to the North, having a central angle of 12'01 ' 13" and a radius of 900 .00 feet, the long chord of which bears North 84000 ' 18" West for 188. 47 feet; thence Easterly along the arc of said curve 188. 81 feet; thence North 89'59 ' 06" East 365 . 54 feet to the East line of said West Half of Section 5; thence along said East line South 00'00 '54" East 1021. 60 feet to a point 300.00 feet North of said South Quarter corner of Section 5; thence parallel with said South line of the Southwest Quarter of Section 5 North 89'11 ' 26" West 300 . 00 feet; thence parallel with said East line of the Southwest Quarter of Section 5 South 00'00 ' 54" East 300. 00 feet to the True Point of Beginning. Containing 60 . 042 acres more or less . EXHIBIT B LAND DESCRIPTION COUNTRY CLUB FARMS P.U.D. PARCLE II That portion of the West Half of Section 5 , Township 7 North, Range 68 West of the 6th P.M. , Larimer County, Colorado, described as follows : Considering the South line of the Southwest Quarter of said Section 5 as bearing North 89'11 ' 26" West and with all bearings contained herein relative thereto. Commencing at the South Quarter corner of said Section 5; thence along said South line of the Southwest Quarter North 89'11 '26" West 300 . 00 feet; thence continuing along said South line North 89011 ' 26" West 470.00 feet; thence North 00'48 ' 34" East 596. 71 feet; thence North 89"11 ' 26" West 146.00 feet; thence South 00'48 ' 34" West 82 . 22 feet; thence North 89011126" West 254.00 feet; thence South 00"44 ' 01" West 514.49 feet to said South line of the Southwest Quarter; thence along said South line North 89'11 ' 26" West 1424.94 feet; thence North 00'25 ' 55" East 176.34 feet; thence North 89'34 ' 32" West 50. 67 feet to the West line of said West Half of Section 5 ; thence along said West line North 00°25 ' 55" East 1147 . 83 feet to the True Point of Beginning; thence North 90"00 ' 00" East 289 .94 feet; thence South 29'58 ' 19" East 961. 99 feet to the beginning of a curve concave to the Southeast, having a central angle of 09'39 ' 11" and a radius of 502 . 63 feet, the long chord of which bears North 55"04 ' 57" East for 84. 58 feet; thence Northeasterly along the arc of said curve 84. 68 feet; thence North 59'56 '03" East 391 .05 feet to the beginning of a tangent curve concave to the Northwest, having a central angle of 66°03 ' 15" and a radius of 550.00 feet, the long chord of which bears North 26"54 ' 26" East for 599 . 54 feet; thence Northeasterly along the arc of said curve 634. 08 feet; thence North 06'07 ' 12" West 94. 23 feet; thence North 83'11 ' 03" East 113.06 feet to the beginning of a tangent curve concave to the South, having a central angle of 18'49 ' 16" and a radius of 730 .00 feet, the long chord of which bears South 87'24 ' 19" East for 238. 72 feet; thence Easterly along the arc of said curve 230.80 feet; thence South 77059 ' 41" East 297. 54 feet to the beginning of a tangent curve concave to the North, having a central angle of 12*01' 13" and a radius of 900. 00 feet , the long chord of which bears North 84000 ' 18" West for 188.47 feet; thence Easterly along the arc of said curve 188.81 feet; thence North 89'59 ' 06" East 365 . 54 feet to the East line of said West Half of Section 5; thence along said East line North 00'00 ' 54" West 644. 40 feet to the West line of that certain parcel of land as described at Reception No. 87068478, records of said County; thence along said West line the following four courses and distances: 1) North 45'00154" West 70 . 71 feet; 2) North 00'00 ' 54" West 72.00 feet; 3) North 80'00 ' 54" West 23 . 00 feet; 4) North 00'00 ' 54" West 54 . 54 feet to the centerline of the Larimer and Weld Canal; thence along said centerline the following 11 courses and distances : 1) South 74'26 ' 45" West 133 . 23 feet; 2) South 84'33 ' 09" West 153 . 85 feet; 3) South 87'45 ' 11" West 295 .91 feet; 4) North 83027 ' 54" West 187 . 84 feet; 5 ) North 63"35 ' 57" West 117 . 81 feet; 6) North 55°57 ' 32" West 234. 78 feet; 7 ) North 53'49 ' 49" West 176 . 30 feet; 8) North 60"04 ' 49" West 389 . 00 feet; 9 ) North 70°34 ' 49" West 260 . 00 feet; 10) North 61"45 ' 49" West 418 . 00 feet; 11) North 52"37 ' 49" West 492 . 00 feet to said West line of the West Half of Section 5 ; thence along said West line South 00'25 ' 55" West 1809 . 58 feet to the True Point of Beginning. Containing 80 . 052 acres more or less . A94851g2