HomeMy WebLinkAbout126 - 11/06/2007 - REZONING THE PROPERTY KNOWN AS THE SOUTHWEST CORNER OF EAST PROSPECT ROAD AND 1-25 REZONING ORDINANCE NO. 126, 2007
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 SOUTHWEST CORNER OF EAST PROSPECT ROAD AND I-25 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 set forth 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 is hereby
amended by changing the zoning classification of Parcel A from "POL", Public Open Lands Zone
District, to "E", Employment Zone District, and Parcel B from "C", Commercial Zone District, to
"B", Employment Zone District for the following described property in the City known as the
Southwest Corner of East Prospect Road and I-25 Rezoning:
Parcel "A"
A tract of land located in Sections 21 and 22, Township 7 North, Range 68 West of
the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado,being
more particularly described as follows;
Considering the north line of the Northeast quarter of Section 21 as bearing North 88
degrees 21 minutes 25 seconds West between a Brass Cap monument, L.S. 14823,
at the northeast comer of the said Section 21 and a Aluminum Cap monument, L.S.
14823, at the north quarter corner of Section 21,based upon G.P.S. observation and
the City of Fort Collins coordinate base, and with all bearing contained herein
relative thereto;
Commencing at the Northeast Comer of the said Section 21; THENCE along the
north line of the said northeast quarter,North 88 degrees 21 minutes 25 seconds West
for a distance of 1241.97 feet; THENCE South 01 degrees 38 minutes 35 seconds
West for a distance of 30.00 feet to the northeast corner of the Easement and
Controlled Access Agreement described in Resolution 88-66 and recorded June 13,
1988 at Reception No. 88026808 records of the Clerk and Recorder of the said
Larimer County, and to the TRUE POINT OF BEGINNING OF THIS
DESCRIPTION;THENCE along the easterly and northerly line ofthe said Easement
and Controlled Access Agreement,the following seven(7)courses and distances,(1)
South 44 degrees 22 minutes 29 seconds West for a distance of 136.14 feet;(2)along
a non-tangent curve to the left having a radius of 532.96 feet, a central angle of 14
degrees 20 minutes 52 seconds and an arc length of 133.46 feet,being subtended by
a chord of South 15 degrees 13 minutes 34 seconds East for a distance of 133.11 feet;
(3) South 22 degrees 24 minutes 00 seconds East for a distance of 110.41 feet; (4)
along a curve to the right having a radius of 612.96 feet,a central angle of 40 degrees
05 minutes 20 seconds and an arc length of 428.88 feet,being subtended by a chord
of South 02 degrees 21 minutes 20 seconds East for a distance of 420.18 feet; (5)
South 17 degrees 41 minutes 20 seconds West for a distance of 404.31 feet;(6)South
36 degrees 10 minutes 43 seconds East for a distance of 117.93 feet; (7) North 89
degrees 57 minutes 13 seconds East for a distance of 1059.64 feet to the easterly line
of that certain tract of land described in a Warranty Deed recorded October 2, 1979
in Book 1992 at Page 0280 records of the said Clerk and Recorder; THENCE along
the said easterly line the following seven (7) courses and distances, (1) South 06
degrees 05 minutes 24 seconds East for a distance of 345.66 feet; (2) South 00
degrees 11 minutes 08 seconds West for a distance of 53.90 feet; (3) along a non-
tangent curve to the left having a radius of 11583.00 feet, a central angle of 06
degrees 33 minutes 06 seconds and an arc length of 1324.49 feet, being subtended
by a chord of South 03 degrees 07 minutes 19 seconds East for a distance of 1323.77
feet; (4) non-tangent from the previous curve, South 06 degrees 05 minutes 36
seconds West for a distance of 417.50 feet; (5) along a non-tangent curve to the left
having a radius of 11680.00 feet,a central angle of 03 degrees 00 minutes 01 seconds
and an are length of 611.62 feet,being subtended by a chord of South 09 degrees 52
minutes 54 seconds East for a distance of 611.55 feet; (6) South 25 degrees 25
minutes 54 seconds East for a distance of 425.50 feet; (7) South 12 degrees 38
minutes 54 seconds East for a distance of 968.97 feet to the south line of the tract
described in the said Book 1992 at Page 0280; THENCE along the said south line,
North 89 degrees 59 minutes 50 seconds West for a distance of 344.37 feet to the
southeast corner of the said Section 21; THENCE along the south line of the
southeast quarter of the said Section 21, North 88 degrees 44 minutes 39 seconds
West for a distance of 713.83 feet; THENCE leaving the said south line, North 29
degrees 50 minutes 26 seconds West for a distance of 653.27 feet; THENCE along
a curve to the right having a radius of 424.29 feet, a central angle of 27 degrees 35
minutes 32 seconds and an arc length of 204.33 feet, being subtended by a chord of
North 16 degrees 02 minutes 40 seconds West for a distance of 202.36 feet;
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THENCE North 02 degrees 14 minutes 54 seconds West for a distance of 432.64
feet; THENCE North 00 degrees 39 minutes 47 seconds West for a distance of
512.69 feet;THENCE North 22 degrees 05 minutes 40 seconds West for a distance
of 121.69 feet; THENCE North 02 degrees 47 minutes 24 seconds West for a
distance of 129.58 feet;THENCE along a curve to the left having a radius of 157.27
feet, a central angle of 42 degrees 50 minutes 08 seconds and an arc length of 117.58
feet, being subtended by a chord of North 24 degrees 12 minutes 28 seconds West
for a distance of 114.86 feet; THENCE North 45 degrees 37 minutes 32 seconds
West for a distance of 71.28 feet;THENCE along a curve to the right having a radius
of 330.34 feet, a central angle of 30 degrees 41 minutes 12 seconds and an arc length
of 176.93 feet, being subtended by a chord of North 30 degrees 16 minutes 56
seconds West for a distance of 174.82 feet; THENCE North 14 degrees 56 minutes
20 seconds West for a distance of 100.27 feet; THENCE along a curve to the left
having a radius of 289.75 feet, a central angle of 20 degrees 34 minutes 23 seconds
and an arc length of 104.04 feet,being subtended by a chord of North 25 degrees 13
minutes 31 seconds West for a distance of 103.48 feet; THENCE North 35 degrees
30 minutes 43 seconds West for a distance of 144.89 feet; THENCE along a curve
to the right having a radius of 364.63 feet, a central angle of 37 degrees 10 minutes
l 1 seconds and an arc length of 236.55 feet,being subtended by a chord of North 16
degrees 55 minutes 37 seconds West for a distance of 232.42 feet; THENCE North
01 degrees 39 minutes 28 seconds East for a distance of 921.36 feet;THENCE along
a curve to the right having a radius of 707.08 feet, a central angle of 17 degrees 07
minutes 56 seconds and an arc length of 211.43 feet, being subtended by a chord of
North 10 degrees 13 minutes 26 seconds East for a distance of 210.64 feet to the
south line of Parcel No. 2 State of Colorado Project No. MC C 060-031 described at
Reception No.20050068449 records of the said Clerk and Recorder;THENCE along
the said south line, non-tangent from the previous curve, North 89 degrees 57
minutes 11 seconds East for a distance of 6.45 feet to the southerly extension of the
westerly line of the said Easement and Controlled Access Agreement described in
Resolution 88-66, the southerly extension is also the easterly line of the said Parcel
No. 2;THENCE along the said southerly extension and along the westerly line of the
Easement and Controlled Access Agreement described in Resolution 88-66 the
following five(5)courses and distances,(1)North 17 degrees 41 minutes 20 seconds
East for a distance of 673.89 feet; (2) along a curve to the left having a radius of
532.96 feet, a central angle of 40 degrees 05 minutes 20 seconds and an arc length
of 372.90 feet, being subtended by a chord of North 02 degrees 21 minutes 20
seconds West for a distance of 365.34 feet; (3) North 22 degrees 24 minutes 00
seconds West for a distance of 110.41 feet; (4) along a curve to the right having a
radius of 612.96 feet, a central angle of 15 degrees 37 minutes 22 seconds and an arc
length of 167.14 feet,being subtended by a chord of North 14 degrees 35 minutes 19
seconds West for a distance of 166.62 feet; (5)non-tangent from the previous curve,
North 45 degrees 1 I minutes 27 seconds West for a distance of 146.18 feet to the
north line of the said Easement and Controlled Access Agreement described in
Resolution 88-66; THENCE along the said north line, South 88 degrees 21 minutes
25 seconds East for a distance of 280.00 feet to the point of beginning.
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The above described tract contains 117.545 Acres more less.
Parcel `B"
A tract of land located in Section 21,Township 7 North, Range 68 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more
particularly described as follows;
Considering the north line of the Northeast quarter of Section 21 as bearing North 88
degrees 21 minutes 25 seconds West between a Brass Cap monument, L.S. 14823,
at the northeast comer of the said Section 21 and a Aluminum Cap monument, L.S.
14823, at the north quarter corner of Section 21,based upon G.P.S. observation and
the City of Fort Collins coordinate base, and with all bearing contained herein
relative thereto;
Commencing at the Northeast Corner of the said Section 21; THENCE along the
north line of the said northeast quarter,North 88 degrees 21 minutes 25 seconds West
for a distance of 1241.97 feet; THENCE South 01 degrees 38 minutes 35 seconds
West for a distance of 30.00 feet to the northeast corner of the Easement and
Controlled Access Agreement described in Resolution 88-66 and recorded June 13,
1988 at Reception No. 88026808 records of the Clerk and Recorder of the said
Larimer County;
THENCE along the easterly line of the said Easement and Controlled Access
Agreement described in Resolution 88-66, South 44 degrees 22 minutes 29 seconds
West for a distance of 37.44 feet to the south line of that certain tract of land
described in a Quit Claim Deed recorded June 5, 2006 at Reception No.
20060041498 records of the said Clerk and Recorder, Parcel 10, and to the TRUE
POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE along the south line of the said tract described at Reception No.
20060041498,South 88 degrees 21 minutes 25 seconds East for a distance of 340.24
feet (recorded as 339.85 feet) to the northerly line of that certain tract of land as
described in a Warranty Deed recorded October 2, 1979 in Book 1992 at Page 0280
records of the said Clerk and Recorder;
THENCE along the said northerly line and along the easterly line of the said tract
described in Book 1992 at Page 0280 the following five(5) courses and distances,
(1) South 61 degrees 41 minutes 15 seconds East for a distance of 41.53 feet; (2)
North 89 degrees 36 minutes 16 seconds East for a distance of 327.82 feet;(3) South
36 degrees 48 minutes 56 seconds East for a distance of 80.95 feet; (4) South 17
degrees 44 minutes 53 seconds East for a distance of 789.49 feet; (5) South 06
degrees 05 minutes 24 seconds East for a distance of 358.54 feet to the northerly line
of the said Easement and Controlled Access Agreement described in Resolution 88-
66; THENCE along the said northerly line and along the easterly line of the said
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Easement and Controlled Access Agreement described in Resolution 88-66 the
following seven (7) courses and distances, (1) South 89 degrees 57 minutes 13
seconds West for a distance of 1059.64 feet; (2) North 36 degrees 10 minutes 43
seconds West for a distance of 117.93 feet; (3) North 17 degrees 41 minutes 20
seconds East for a distance of 404.31 feet; (4) along a curve to the left having a
radius of612.96 feet,a central angle of40 degrees 05 minutes 20 seconds and an arc
length of 428.88 feet,being subtended by a chord of North 02 degrees 21 minutes 20
seconds West for a distance of 420.18 feet; (5) North 22 degrees 24 minutes 00
seconds West for a distance of 110.41 feet; (6) along a curve to the right having a
radius of 532.96 feet,a central angle of 14 degrees 20 minutes 52 seconds and an arc
length of 133.46 feet,being subtended by a chord of North 15 degrees 13 minutes 34
seconds West for a distance of 133.11 feet; (7)non-tangent from the previous curve,
North 44 degrees 22 minutes 29 seconds East for a distance of 98.70 feet to the point
of beginning.
The above described tract contains 24.932 acres more less.
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. 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 16th day of
October, A.D. 2007, and to be presented for final passage on the 6 day of November, A.D. 2007.
Mayor
ATTEST:
City Clerk
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Passed and adopted on final reading on the 6th day of N ber, A.D. 2007.
Mayor
ATTEST:
City Clerk
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