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HomeMy WebLinkAbout070 - 04/18/2006 - REZONING PROPERTY KNOWN AS THE HARMONY AND SHIELDS REZONING, DEFEATED ON FIRST READING ORDINANCE NO. 070, 2006 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 HARMONY AND SHIELDS REZONING WHEREAS, Division 1.3 of the Fort Collins Land Use Code ( "Land Use Code") establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code establish e procedures and criteria for reviewing the rezoning of land; and WHEREAS, in accordance with the foregoing, the Co ncil has considered the rezoning of the property which is the subject of this ordinance,and has ermined that the said property should be rezoned as hereafter provided; and WHEREAS,the Council has further determin that the proposed rezoning is consistent with the City's Comprehensive Plan and/or is warrante y changed conditions within the neighborhood surrounding and including the subject property; d WHEREAS, to the extent applicab , the Council has also analyzed the proposed rezoning against the considerations as established ' Section 2.9.4(H)(3) of the Land Use Code. NOW THEREFORE, BE IT RDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That th oning Map adopted by Division 1.3 of the Land Use Code is hereby amended by changing the oning classifications from "MMN", Medium Density Mixed Use Neighborhood Zone Dis ' t and the"NC"Neighborhood Commercial District,to"MMN",Medium Density Mixed Use N 'ghborhood Zone District and "NC" Neighborhood Commercial District, essentially exchangi one districts for part of the property, for the following described property in the City known the Harmony and Shields Rezoning: LEGAL DESC TION PROPOSED Z E NC A PORTIO OF THE SOUTHEAST ONE-QUARTER OF SECTION 34,TOWNSHIP 7 NORTH,RANGE 69 WEST OF THE th PM, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTIC LARLY DESCRIBED AS FOLLOWS: BAS OF BEARING: THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 34, BEING M UMENTED AT THE SOUTHEAST CORNER OF SECTION 34 BY A 3 1/4" ALUMINUM CAP WITH IL EGIBLE MARKINGS IN A MONUMENT BOX AND AT THE EAST ONE-QUARTER CORNER OF SECTION FAILED ON FIRST READING 3-4 34 BY A 3 1/4" ALUMINUM CAP MARKED "JR ENG 1996 LS 24307", WHICH IS ASSUMED TO BEAR S00`00'10"W. COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST ONE-QUARTER; THENCE NO°00'10"E,ON THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER,A DISTANCE OF 1148.44 FEET; THENCE N89°49'31"W, A DISTANCE OF 50.00 FEET, TO THE WESTERLY RIGHT OF WAY OF SHIELDS STREET,AND THE POINT OF BEGINNING; THENCE SOO°00'10"W,ON SAID WESTERLY RIGHT-OF-WAY,A DISTANCE OF 1083.44 FEET,TO A POINT OF CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 89°55'44" AND A RADIUS OF 15.00 FEET, A DISTANCE OF 23.54 FEET, THE CHORD OF SAID CURVE BEARING S44°58'13"W, WITH A LENGTH OF 21.20 FEET, TO A POINT OF TANGENCY, AND THE NORTHERLY RIGHT OF WAY OF HARMONY ROAD; THENCE S89°56'16"W,ON SAID NORTHERLY RIGHT OF WAY,A DISTANCE OF 827.85 FEET; THENCE N00°03'44"W,A DISTANCE OF 411.52 FEET,TO A POINT OF CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 46°51'02" AND A RADIUS OF 400.00 FEET, A DISTANCE OF 327.08 FEET, THE CHORD OF SAID CURVE BEARING N23°21'47"E,WITH A LENGTH OF 318.04 FEET,TO A POINT OF TANGENCY; THENCE N46°47'18"E,A DISTANCE OF 448.14 FEET,TO A POINT OF CURVATURE; THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT,SAID CURVE HAVING A DELTA OF 40°33'24" AND A RADIUS OF 235.62 FEET, A DISTANCE OF 166.78 FEET, THE CHORD OF SAID CURVE BEARING N56°39'03"E,WITH A LENGTH OF 163.32 FEET,TO A POINT OF NON-TANGENCY; THENCE S89°49'31"E,A DISTANCE OF 254.16 FEET,TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 17.95 ACRES. LEGAL DESCRIPTION PROPOSED ZONE MMN A PORTION OF THE SOUTHEAST ONE-QUARTER OF SECTION 34,TOWNSHIP 7 NORTH,RANGE 69 WEST OF THE 6th PM, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING:THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SECTION 34, BEING MONUMENTED AT THE SOUTHEAST CORNER OF SECTION 34 BY A 3 1/4" ALUMINUM CAP WITH ILLEGIBLE MARKINGS IN A MONUMENT BOX AND AT THE EAST ONE-QUARTER CORNER OF SECTION 34 BY A 3 1/4" ALUMINUM CAP MARKED "JR ENG 1996 LS 24307", WHICH IS ASSUMED TO BEAR S00,0011011W. COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST ONE-QUARTER; THENCE NO°00'10"E,ON THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER,A DISTANCE OF 1148.44 FEET; THENCE N89°49'31"W, A DISTANCE OF 50.00 FEET, TO THE WESTERLY RIGHT OF WAY OF SHIELDS STREET,AND THE POINT OF BEGINNING; THENCE N89°49'31"W,A DISTANCE OF 254.16 FEET,TO A POINT OF CURVATURE; THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 40"33'24" AND A RADIUS OF 235.62 FEET, A DISTANCE OF 166.78 FEET, THE CHORD OF SAID CURVE BEARING S56°39'03"W,WITH A LENGTH OF 163.32 FEET,TO A POINT OF NON-TANGENCY; THENCE S46°47'18"W,A DISTANCE OF 448.14 FEET,TO A POINT OF CURVATURE; FAILED ON FIRST READING 3-4 THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT,SAID CURVE HAVING A DELTA OF 46`51-02" AND A RADIUS OF 400.00 FEET,A DISTANCE OF 327.08 FEET,THE CHORD OF SAID CURVE BEARING S23-21'47"W,WITH A LENGTH OF 318.04 FEET,TO A POINT OF TANGENCY; THENCE S00°03'44"E,A DISTANCE OF 411.52 FEET,TO THE NORTHERLY RIGHT OF WAY OF HARMONY ROAD; THENCE S89'56'16"W, ON SAID NORTHERLY RIGHT OF WAY A DISTANCE OF 426.83 FEET, TO THE WESTERLY BOUNDARY OF PINEVIEW P.U.D.PHASE II; THENCE N00'02'44"W, ON SAID WESTERLY BOUNDARY, A DISTANCE OF 365.56 FEET, TO THE SOUTHERLY CORNER OF THAT PARCEL OF LAND AS DESCRIBED AT RECEPTION NUMBER 2001031854 OF THE LARIMER COUNTY RECORDS; THENCE ON EASTERLY, SOUTHERLY AND NORTHERLY LINES THE FOLLOWING FIVE(5)COURSES: 1) THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT,SAID CURVE HAVING A DELTA OF 26°15'18" AND A RADIUS OF 515.00 FEET, A DISTANCE OF 235.99 FEET, THE CHORD OF SAID CURVE BEARING N23`23'10"E,WITH A LENGTH OF 233.93 FEET,TO A POINT OF TANGENCY; 2) THENCE N36`30'50"E,A DISTANCE OF 490.53 FEET; 3) THENCE S65`36'49"E,A DISTANCE OF 51.14 FEET; 4) THENCE N36'30'50"E,A DISTANCE OF 27.89 FEET; THENCE N61`24'07"W,A DISTANCE OF 24.81 FEET,TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF WAKEROBIN LANE; THENCE S69°30'29"E, ON SAID SOUTHERLY RIGHT OF WAY, A DISTANCE OF 40.40 FEET, TO THE SOUTHERLY EXTENSION OF THE EASTERLY BOUNDARY OF WESTLAKE P.U.D. FIRST FILING; THENCE ON SAID SOUTHERLY EXTENSION, SAID EASTERLY BOUNDARY AND THE EASTERLY BOUNDARY OF WESTLAKE P.U.D. SECOND FILING,FOR THE FOLLOWING FIFTEEN(15)COURSES:; 1) THENCE N13°56'41"E,A DISTANCE OF 159.30 FEET; 2) THENCE N34'40'28"E,A DISTANCE OF 109.36 FEET; 3) THENCE N00'13'44"W,A DISTANCE OF 65.56 FEET; 4) THENCE N22"44'24"W,A DISTANCE OF 144.02 FEET; 5) THENCE NO2°35'59"W,A DISTANCE OF 117.22 FEET; 6) THENCE N04'51'21"E,A DISTANCE OF 211.51 FEET; 7) THENCE N33°43'S7"W,A DISTANCE OF 101.64 FEET; 8) THENCE N28'23'24"W,A DISTANCE OF 145.92 FEET; 9) THENCE N68`29'39"W,A DISTANCE OF 64.19 FEET; 10) THENCE N77`26'24"W,A DISTANCE OF 100.84 FEET; 11) THENCE N3911'04"W,A DISTANCE OF 234.91 FEET; 12) THENCE NO °14'24"W,A DISTANCE OF 61.72 FEET; 13) THENCE N27°2331"E,A DISTANCE OF 92.78 FEET; 14) THENCE N06'23'31"E,A DISTANCE OF 145.84 FEET; 15) THENCE N15°46'34"W,A DISTANCE OF 89.85 FEET,TO THE SOUTHWEST CORNER OF THAT PARCEL OF LAND AS DESCRIBED AT RECEPTION NUMBER 2001008429; THENCE ON THE SOUTHERLY LINE OF SAID PARCEL FOR THE FOLLOWING TWO(2)COURSES: 1) THENCE S89°57'33"E,A DISTANCE OF 3.62 FEET,TO A POINT OF CURVATURE; 2) THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 19'16'42" AND A RADIUS OF 548.51 FEET, A DISTANCE OF 184.56 FEET, THE CHORD OF SAID CURVE BEARING S80°19'12"E,WITH ALENGTH OF 183.69 FEET,TO A POINT OF TANGENCY AND THE SOUTHEAST CORNER OF SAID PARCEL; THENCE N19'33'35"E, ON THE EASTERLY LINE OF SAID PARCEL, A DISTANCE OF 72.95 FEET, TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST ONE-QUARTER; THENCE S89"56'24"E, ON SAID NORTH LINE,A DISTANCE OF 940.02 FEET,TO THE WESTERLY RIGHT OF WAY OF SHIELDS STREET; THENCE ON SAID WESTERLY RIGHT OF WAY FOR THE FOLLOWING FIVE(5)COURSES: 1) THENCE S00'OO'10"W,A DISTANCE OF 73.14 FEET; FAILED ON FIRST READING 3-4 2) THENCE N89`59'50"W,A DISTANCE OF 7.00 FEET; 3) THENCE S00°00'10"W,A DISTANCE OF 850.00 FEET; 4) THENCE S89`59'50"E,A DISTANCE OF 7.00 FEET; 5) THENCE S00°00'10"W,A DISTANCE OF 573.32 FEET,TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 41.50 ACRES. 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 included in the Residential Neighborhood Sign District. Section 3. The City Manager 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 18th day of April, A.D. 2006, and to be presented for final passage on the 2nd day of May, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 2nd day of May, A.D. 2006. Mayor ATTEST: City Clerk FAILED ON FIRST READING 3-4