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HomeMy WebLinkAbout029 - 03/24/2009 - REZONING PROPERTY KNOWN AS THE SOUTH COLLEGE CORRIDOR PLAN REZONINGS ORDINANCE NO. 029, 2009 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 SOUTH COLLEGE CORRIDOR PLAN REZONINGS 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, by Resolution 2009-024, the City Council has adopted the South College Corridor Plan which Plan calls for the rezoning of the properties which are the subject of this Ordinance; and WHEREAS,in accordance with the foregoing,the City Council has considered the rezonings of said properties and has determined that the properties should be rezoned as hereafter provided; and WHEREAS, the City Council has further determined that the proposed rezonings are consistent with the City's Comprehensive Plan and/or are 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 rezonings against the considerations 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 that the following described properties in the City known as the South College Corridor Plan Rezoing be made 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 Redtail Natural Area from Community Commercial("C-C")Zone District,to Public Open Lands("P-O-L")Zone District which property is described as follows: Redtail Natural Area A Tract of land located in the Northeast quarter of Section 11, Township 6 North, Range 69 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 said northeast quarter of Section 11 as bearing South 88 degrees 49 minutes 00 seconds West between a 2.5"alum. cap monument at the northeast corner of the said Section 11 and a 3.25" alum. cap monument at the north quarter corner of the said Section 11, based upon the City of Fort Collins coordinate base and G.P.S. observation; Commencing at the said northeast corner of Section 11; THENCE along the north line of the said northeast quarter, South 88 degrees 49 minutes 00 seconds West for a distance of 324.49 feet to the east line of that certain tract of land as described in a Warranty Deed recorded at Reception No. 2000003397 records of the Clerk and Recorder of the said Larimer County and to the TRUE POINT OF BEGINNING of this description; THENCE along the boundary of the said tract described at Reception No. 2000003397 the following five (5) courses and distances, (1) South 88 degrees 49 minutes 00 seconds West for a distance of 957.89 feet; (2) South 24 degrees 26 minutes 12 seconds West for a distance of 279.96 feet; (3) North 87 degrees 31 minutes 56 seconds East for a distance of 893.93 feet; (4) North 02 degrees 58 minutes 44 seconds East for a distance of 60.00 feet; (5)North 45 degrees 10 minutes 00 seconds East for a distance of 249.99 feet to the point of beginning. Containing 5.001 acres more or less. Section 2. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby amended by changing the zoning classification of Area A-I from Community Commercial("C-C") Zone District to Medium Density Mixed-Use Neighborhood ("M-M-N") Zone District, which property is described as follows: Area A-I A Tract of land located in the Northeast quarter of Section 11, Township 6 North, Range 69 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 said northeast quarter of Section I I as bearing South 88 degrees 49 minutes 00 seconds West between a 2.5" alum. cap monument at the northeast corner of the said Section I 1 and a 3.25" alum. cap monument at the north quarter corner of the said Section 11, based upon the City of Fort Collins coordinate base and G.P.S. observation; Commencing at the said northeast corner of Section 11; THENCE along the north line of the said northeast quarter, South 88 degrees 49 minutes 00 seconds West for a distance of 83.48 feet to the TRUE POINT OF BEGINNING of this description; -2- THENCE continuing along the said north line, South 88 degrees 49 minutes 00 seconds West fora distance of 241.02 feet to the east line of that certain tract of land as described in a Warranty Deed recorded at Reception No. 2000003397 records of the Clerk and Recorder of the said Larimer County; THENCE along the said east line and along the south line of the said tract the following three(3)course and distances,(1)South 45 degrees 10 minutes 00 seconds West for a distance of 249.99 feet; (2) South 02 degrees 58 minutes 44 seconds West for a distance of 60.00 feet; (3) South 87 degrees 31 minutes 56 seconds West for a distance of 893.93 feet to the east right of way of the BNSF Railway; THENCE along the said east line, South 24 degrees 26 minutes 12 seconds West for a distance of 1146.58 feet to the north line of the plat of Skyview First Addition; THENCE along the north line of the said plat and along the north line of the plat of Skyview,North 89 degrees 31 minutes 00 seconds East for a distance of 1290.87 feet to the west line of that certain tract of land described in a Deed of Dedication recorded in Book 1635 at Page 0158 records of the Clerk and Recorder of Larimer County; THENCE along the said west line,North 00 degrees 29 minutes 01 seconds West for a distance of 100.00 feet; THENCE continuing along the said west line, along a curve to the left having a radius of 665.00 feet and an arc length of 214.96 feet,being subtended by a chord of North 09 degrees 44 minutes 38 seconds West for a distance of 214.02 feet; THENCE leaving the said west line and along the west line of the Vineyard Church Rezoning as recorded by City of Fort Collins Ordinance No. 125,2008 the following six (6) courses and distances, (1)North 04 degrees 01 minutes 40 seconds East for a distance of 369.55 feet; (2) North 05 degrees 08 minutes 30 seconds West for a distance of 135.10 feet; (3)North 66 degrees 06 minutes 09 seconds East for a distance of 310.00 feet; (4)North 37 degrees 15 minutes 18 seconds East for a distance of 281.98 feet; (5) South 88 degrees 58 minutes 00 seconds East for a distance of 64.38 feet; (6)North 01 degrees 02 minutes 00 seconds East for a distance of 149.65 feet to the point of beginning. Containing 28.078 acres more or less. Section 3. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby amended by changing the zoning classification of Area A-2 from Community Commercial("C-C") Zone District to Commercial ("C") Zone District, which property is described as follows: Area A-2 A Tract of land located in the Northeast quarter of Section 11, Township 6 North, Range 69 West of the Sixth Principal Meridian,City of Fort Collins,Larimer County, Colorado, being more particularly described as follows; -3- Lot I of the Plat of Rising Son Minor Subdivision, a Plat of record with the Clerk and Recorder of the said Larimer County. Containing a platted area of 0.959 acres more or less. Section 4. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby amended by changing the zoning classification of Area B-1 from Commercial ("C") Zone District to Service Commercial ("C-S") Zone District, which property is described as follows: Area B-1 A Tract of land located in the northwest quarter of Section 12, Township 6 North, Range 69 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 said northwest quarter of Section 12 as bearing South 88 degrees 55 minutes 14 seconds East between a 2.5" alum. cap monument at the northwest corner of the said Section 12 and a 3.25" alum. cap monument at the north quarter corner of the said Section 12, based upon the City of Fort Collins coordinate base and G.P.S. observation; Commencing at the said northwest corner of Section 12, the said northwest corner is also the TRUE POINT OF BEGINNING of this description; THENCE along the north line of the said northwest quarter, South 88 degrees 55 minutes 14 seconds East for a distance of 675.00 feet to the northeast corner of the plat of South 13 Subdivision; THENCE along the east line of the said plat,South 00 degrees 43 minutes 16 seconds West for a distance of 658.44 feet to the north line of the plat of O.D.'S Sports Crossing; THENCE along the said north line, South 89 degrees 16 minutes 44 seconds East for a distance of 460.00 feet to the east line of the said plat of O.D.'S Sports Crossing; THENCE along the said east line, South 00 degrees 43 minutes 16 seconds West for a distance of 140.00 feet to the north line of the plat of Corral Business Park P.U.D.; THENCE along the said north line,South 89 degrees 16 minutes 44 seconds East for a distance of 105.00 feet to the east line of the said plat of Corral Business Park P.U.D.; THENCE along the said east line, South 00 degrees 43 minutes 16 seconds West for a distance of 212.48 feet to the north line of the said plat of Corral Business Park P.U.D.; THENCE along the said north line, South 83 degrees 21 minutes 45 seconds East for a distance of 110.54 feet to the northerly extension of the east line of the plat of Replat of Lot 7 & 8, The Corral business Park, First Filing; THENCE along the said extended line and along the said east line, South 00 degrees 43 minutes 16 seconds West for a distance of 299.48 feet to the south line of the said plat of Replat of Lot 7 & 8, The Corral business Park, First Filing; -4- THENCE along the said south line and its westerly extension, North 89 degrees 08 minutes 47 seconds West for a distance of 674.95 feet to the southerly extension of the said east line of the plat of South 13 Subdivision; THENCE along the said southerly extension, North 00 degrees 43 minutes 16 seconds East for a distance of 13.63 feet to the south line of the said plat; THENCE along the said south line and its westerly extension, North 89 degrees 25 minutes 14 seconds West for a distance of 669.98 feet to the west line of the said northwest quarter of Section 12; THENCE along the said west line,North 00 degrees 30 minutes 09 seconds East for a distance of 1312.49 feet to the point of beginning. Containing 29.242 acres more or less. Section 5. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby amended by changing the zoning classification of Area B-2 from Low Density Mixed-Use Neighborhood ("L-M-N") Zone District to Service Commercial ("C-S") Zone District, which property is described as follows: Area B-2 A Tract of land located in the northwest quarter of Section 12, Township 6 North, Range 69 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 said northwest quarter of Section 12 as bearing South 88 degrees 55 minutes 14 seconds East between a 2.5" alum. cap monument at the northwest corner of the said Section 12 and a 3.25"alum.cap monument at the north quarter corner of the said Section 12, based upon the City of Fort Collins coordinate base and G.P.S. observation; Commencing at the said northwest corner of Section 12; THENCE along the north line of the said northwest quarter, South 88 degrees 55 minutes 14 seconds East for a distance of 675.00 feet to the northeast corner of the plat of South 13 Subdivision and to the TRUE POINT OF BEGINNING of this description; THENCE along the east line of the said plat,South 00 degrees 43 minutes 16 seconds West for a distance of 658.44 feet to the north line of the plat of O.D.'S Sports Crossing; THENCE along the said north line,South 89 degrees 16 minutes 44 seconds East for a distance of 460.00 feet to the east line of the said.plat of O.D.'S Sports Crossing; THENCE along the said east line, South 00 degrees 43 minutes 16 seconds West for a distance of 140.00 feet to the north line of the plat of Corral Business Park P.U.D.; THENCE along the said north line,South 89 degrees 16 minutes 44 seconds East for a distance of 105.00 feet to the east line of the said plat of Corral Business Park P.U.D.; THENCE along the said east line, South 00 degrees 43 minutes 16 seconds West for -5- a distance of 212.48 feet to the north line of the said plat of Corral Business Park P.U.D.; THENCE along the said north line,South 83 degrees 21 minutes 45 seconds East for a distance of 110.54 feet to the northerly extension of the east line of the plat of Replat of Lot 7 & 8, The Corral business Park, First Filing; THENCE along the said extended line and along the said east line, South 00 degrees 43 minutes 16 seconds West for a distance of 299.48 feet to the south line of the said plat of Replat of Lot 7 & 8, The Corral business Park, First Filing; THENCE along the said south line and along the easterly extension of the said south line,South 89 degrees 08 minutes 47 seconds East for a distance of 729.28 feet to the easterly line of that certain tract of land described in a Quit Claim Deed recorded at Reception No. 86006171 records of the Clerk and Recorder of Larimer County; THENCE along the said easterly line the following five courses and distances, (1) North 00 degrees 43 minutes 16 seconds East for a distance of 344.47 feet; (2) North 64 degrees 18 minutes 16 seconds West for a distance of 240.16 feet; (3) North 30 degrees 57 minutes 49 seconds West for a distance of 353.24 feet; (4) North 18 degrees 37 minutes 39 seconds West for a distance of 297.78 feet; (5) North 10 degrees 12 minutes 09 seconds West for a distance of 296.13 feet (recorded as 296.04 feet)to the said north line of the northwest quarter of Section 12; THENCE along the said north line, North 88 degrees 55 minutes 14 seconds West for a distance of 846.23 feet to the point of beginning.Containing 24.616 acres more or less. 1 Section 6. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby amended by changing the zoning classification of Area C from the Urban Estate ("U-E") Zone District to Limited Commercial ("C-L") Zone District, which property is described as follows: Area C i A Tract of land located in the Southwest quarter of Section 12, Township 6 North, Range 69 West of the Sixth Principal Meridian,City of Fort Collins,Larimer County, Colorado, being more particularly described as follows; Lots 2 and 3, Block 1 of the Plat of Lynn Acres, a Plat of record with the Clerk and Recorder of the said Larimer County. Containing a platted area of 6.439 acres more or less. Section 7. That the Zoning Map adopted by Division 1.3 of the Land Use Code is hereby amended by changing the zoning classification of Area D from Low Density Mixed-Use Neighborhood ("L-M-N") Zone District to Limited Commercial ("C-L") Zone District, which property is described as follows: -6- Area D A tract of land located in the northeast quarter of Section 14, Township 6 North, Range 69 West of the Sixth Principal Meridian,City of Fort Collins,Larimer County, Colorado, being more particularly described as follows; Considering the east line of the said northeast quarter of Section 14 as bearing South 00 degrees 02 minutes 19 seconds West between a 3.5" brass cap monument at the northeast corner of the said Section 14 and a 3.25" brass cap monument at the east quarter corner of the said Section 14,based upon City of Fort Collins coordinate base and G.P.S. observation; Commencing at the said northeast corner of Section 14, the said northeast corner is also the TRUE POINT OF BEGINNING of this description; THENCE along the east line of the said northeast quarter, South 00 degrees 02 minutes 19 seconds West for a distance of 779.97 feet to the easterly extension of the south line of that certain tract of land described in a Deed recorded at Reception No. 20040101781 records of the Clerk and Recorder of the said Larimer County; THENCE along the said extended line and along the said south line, North 89 degrees 57 minutes 41 seconds West for a distance of 314.65 feet; THENCE continuing along the said south line, North 49 degrees 27 minutes 41 seconds West for a distance of 173.71 feet; THENCE continuing along the said south line, South 88 degrees 44 minutes 19 seconds West for a distance of 213.58 feet to the west line of the said tract; THENCE along the said west line and its northerly extension, North 00 degrees 02 minutes 19 seconds East for a distance of 657.10 feet to the north line of the said northeast quarter; THENCE along the said north line,North 88 degrees 44 minutes 44 seconds East for a distance of 660.43 feet to the point of beginning. Containing 10.997 acres more less. Section 8. 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 properties are not included in the Residential Neighborhood Sign District. Section 9. The City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. -7- Introduced, considered favorably on first reading, and ordered published this 3rd day of March, A.D. 2009, and to be presented for final passaDonhe day of March, A.D. 2009. May r ATTEST:- Gh a .. A. City Clerk Passed and adopted on final reading on the 24th day of March, A.D. 2009. I Mayo ATTEST; r City Clerk -8-