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HomeMy WebLinkAbout161 - 10/17/2006 - REZONING PROPERTY KNOWN AS THE HARMONY AND SHIELDS REZONING ORDINANCE NO. 161, 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 (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, Section 2.9.4(H) of the Land Use Code requires that any amendment to the City's Zoning Map involving the zoning or rezoning of 640 acres of land or less (a quasi-judicial rezoning) be approved by the City Council only if the proposed amendment is consistent with the City's Comprehensive Plan and/or warranted by changed conditions within the neighborhood surrounding and including the subject property; and WHEREAS, the City has received a request to rezone a fifty-eight(58) acre parcel located on the west side of South Shields Street, north of Harmony Road,known as the"Harmony-Shields Rezoning"; and WHEREAS,the City's Planning and Zoning Board has recommended that the City Council approve such rezoning; and WHEREAS,the City Council has 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 for the following reasons: 1. That the proposed rezoning is consistent with the principles and policies of City Plan, more particularly, Principle MMN-2 and Policy MMN-2.1; and Principle MMN-3 and Policies MMN-3.1 and MMN-3.2. For that reason,the City Council has,through the adoption of Resolution 2006-104,amended the City Structure Plan Map in order to make the Structure Plan Map more consistent with the foregoing principles and policies of City Plan; and/or 2. The proposed rezoning is warranted by changed conditions within the neighborhood surrounding and including the subject propertyby reason ofthe following facts: (a) over 1,000 additional dwelling units have been constructed within the four square miles which are to be served by the neighborhood center that is the subject of the rezoning request since the original zoning was imposed upon the subject property in 1981, (b) three public schools, a neighborhood park and a public library have been constructed within the vicinity of the subject property since 1981,and(c)the Front Range Community College, which is in close proximity to the subject property, has expanded greatly during said period of time. WHEREAS, to the extent applicable, the City Council has also analyzed the proposed rezoning against the considerations established in Section 2.9.4(H)(3) of the Land Use Code; and WHEREAS,in accordance with the foregoing,the City Council has determined that the said property should be rezoned as hereafter provided. 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 from "MMN", Medium Density Mixed Use Neighborhood Zone District to the "NC" Neighborhood Commercial Zone District, for the following described property in the City known as the Harmony-Shields Rezoning: LEGAL DESCRIPTION OF LAND TO BE CHANGED TO"NC"ZONE DISTRICT 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 UR ENG 1996 LS 24307", WHICH IS ASSUMED TO BEAR S00°00'10"W. COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 34; THENCE S89-56'50"W, ON THE SOUTH LINE OF SAID SOUTHEAST ONE- QUARTER,A DISTANCE OF 64.91 FEET; THENCE N00°03'10"W,A DISTANCE OF 59.99 FEET,TO THE NORTHERLY RIGHT OF WAY OF HARMONY ROAD,AND THE POINT OF BEGINNING; THENCE S89°56'50"W,ON SAID NORTHERLY RIGHT-OF-WAY,A DISTANCE OF 827.82 FEET; THENCE N00°03'51"W, A DISTANCE OF 411.37 FEET, TO A POINT OF CURVATURE; THENCE ON THE ARC OF ANON-TANGENT CURVE TO THE RIGHT,SAID CURVE HAVING A DELTA OF 46*5 F02"AND A RADIUS OF 400.00 FEET,AN ARC LENGTH OF 327.08 FEET, THE CHORD OF SAID CURVE BEARING N23°21'47"E, WITH A DISTANCE OF 318.04 FEET,TO A POINT OF TANGENCY; THENCE N46°47'18"E, A DISTANCE OF 181.85 FEET, TO A POINT TO THE NORTHERLY RIGHT OF WAY OF WAKEROBIN LANE; THENCE ON SAID NORTHERLY RIGHT OF WAY THE FOLLOWING FOUR (4) COURSES; 1) THENCE S38°00'07"E, A DISTANCE OF 53.84 FEET, TO A POINT OF CURVATURE; 2) THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 4805947" AND A RADIUS OF 573.00 FEET, AN ARC LENGTH OF 490.00 FEET,THE CHORD OF SAID CURVE BEARING S62°30'00"E, WITH A DISTANCE OF 475.21 FEET, TO A POINT OF NON- TANGENCY; 3) THENCE N84°39'35"E, A DISTANCE OF 116.88 FEET, TO A POINT OF CURVATURE; 4) THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 84039'34"AND A RADIUS OF 15.00 FEET,AN ARC LENGTH OF 22.16 FEET, THE CHORD OF SAID CURVE BEARING N42°19'57"E, WITH A DISTANCE OF 20.20 FEET, TO A POINT ON THE WESTERLY RIGHT OF WAY OF SOUTH SHIELDS STREET,AND A POINT OF NON-TANGENCY; THENCE S00000'10"W,ON SAID WESTERLY RIGHT-OF-WAY,A DISTANCE OF 576.05 FEET, TO A POINT OF CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 89056'40" AND A RADIUS OF 15.00 FEET, AN ARC LENGTH OF 23.55 FEET, THE CHORD OF SAID CURVE BEARING S44058'30"W, WITH A DISTANCE OF 21.20 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 12.58 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 not included in the Residential Neighborhood Sign District. Section 3. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby amended by changing the zoning classification from"NC",Neighborhood Commercial Zone District to the"MMN"Medium Density Mixed Use Neighborhood Zone District,for the following described property in the City known as the Harmony-Shields Rezoning: LEGAL DESCRIPTION OF LAND TO BE CHANGED TO "MMN" ZONE DISTRICT 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°00'10"W. COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST ONE- QUARTER; THENCE N00°00'10"E,ON THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER, A DISTANCE OF 1403.66 FEET; THENCE N90°00'00"W, A DISTANCE OF 50.00 FEET, TO THE WESTERLY RIGHT OF WAY OF SHIELDS STREET,AND THE POINT OF BEGINNING; THENCE N90000'00"W, A DISTANCE OF 201.91 FEET, TO A POINT OF CURVATURE; THENCE ON THE ARC OF ANON-TANGENT CURVE TO THE RIGHT,SAID CURVE HAVING A DELTA OF 3205947"AND A RADIUS OF 675.88 FEET,AN ARC LENGTH OF 389.24 FEET, THE CHORD OF SAID CURVE BEARING S29°26'29"W, WITH A DISTANCE OF 383.88 FEET,TO A POINT OF NON-TANGENCY; THENCE S46047'18"W,A DISTANCE OF 266.20 FEET,TO THE NORTHERLY RIGHT OF WAY OF WAKEROBIN LANE; THENCE ON SAID NORTHERLY RIGHT OF WAY THE FOLLOWING TWO (2) COURSES; 1) THENCE N38°00'07"W, A DISTANCE OF 45.00 FEET, TO A POINT OF CURVATURE; 2) THENCE ON THE ARC OF A TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 22007'37" AND A RADIUS OF 627.00 FEET, AN ARC LENGTH OF 242.14 FEET,THE CHORD OF SAID CURVE BEARING N49°03'57"W, WITH A DISTANCE OF 240.64 FEET, TO A POINT ON THE EASTERLY BOUNDARY OF WESTLAKE P.U.D. SECOND FILING,AND A POINT OF NON-TANGENCY; THENCE ON SAID EASTERLY BOUNDARY THE FOLLOWING SIX(6)COURSES: 1. THENCE N13°56'41"E,A DISTANCE OF 109.74 FEET; 2. THENCE N34040'28"E, A DISTANCE OF 109.36 FEET; 3. THENCE N000 13'44"W, A DISTANCE OF 65.56 FEET; 4. THENCE N22044'24"W, A DISTANCE OF 144.02 FEET; 5. THENCE N02035'59"W, A DISTANCE OF 117.22 FEET; 6. THENCE N04051'21"E,A DISTANCE OF 211.51 FEET; THENCE N75026'30"E,A DISTANCE OF 52.30 FEET; THENCE N43°10'20"E,A DISTANCE OF 322.00 FEET; THENCE N27°13'40"E,A DISTANCE OF 134.32 FEET,TO A POINT OF CURVATURE; THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT,SAID CURVE HAVING A DELTA OF 270 12'58"AND A RADIUS OF 575.00 FEET,AN ARC LENGTH OF 273.13 FEET, THE CHORD OF SAID CURVE BEARING S76°23'21"E, WITH A DISTANCE OF 270.57 FEET,TO A POINT OF TANGENCY; THENCE S89059'50"E, A DISTANCE OF 153.46 FEET, TO A POINT ON SAID WESTERLY RIGHT OF WAY; THENCE S00°00'10"W, ON SAID WESTERLY RIGHT OF WAY A DISTANCE OF 702.98 FEET,TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 15.42 ACRES. Section 4. 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 5. 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 3rd day of October, A.D. 2006, and to be presented for final passage on the 17th day of October,A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 17th day of tober, A.D. 2006. May r .ATTEST: �)A) City Clerk