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HomeMy WebLinkAbout100 - 10/27/2009 - ZONING THE RIVERWALK ANNEXATION ORDINANCE NO. 100, 2009 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE RIVERWALK ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the property which is the subject of this ordinance,and has determined that said property should be zoned 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 of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Riverwalk Annexation (the "Property") to the City of Fort Collins, Colorado, in the Transition ("T") Zone District, which Property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 3, THE SOUTHEAST QUARTER OF SECTION 4, AND THE NORTHWEST QUARTER OF SECTION 10, ALL BEING IN TOWNSHIP 6 NORTH,RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 AS BEARING S 89029'55" E AND WITH ALL BEARINGS HEREIN RELATIVE THERETO: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTERS 01044'18" E, 51.01 FEET TO THE POINT OF BEGINNING; THENCE S 89047'25" E, 30.01 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF STRAUSS CABIN ROAD, ALSO BEING A POINT ON THE SOUTHERLY RIGHT OF WAY LINE FOR EAST HARMONY ROAD, THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, THE FOLLOWING NINE(9) COURSES: 1. S 89047'25" E, 670.82 FEET; 2. S 89018'55" E, 245.96 FEET; 3. S 84057'34" E, 86.41 FEET; 4. ALONG THE ARC OF A CURVE TO-THE RIGHT,A DISTANCE OF 208.64 FEET, SAID CURVE HAVING A RADIUS OF 92.87 FEET, A CENTRAL ANGLE OF 128043'21", AND A CHORD BEARING S 67008'05" E, 167.45 FEET; 5. N 48030'14" E, 98.38 FEET; 6.ALONG THE ARC OF CURVE TO THE RIGHT A DISTANCE OF 13.92 FEET,SAID CURVE HAVING A RADIUS OF 32.81 FEET,A CENTRAL ANGLE OF 24°18'57",AND A CHORD BEARING N60039'40"E, 13.82 FEET; 7.N 72°49'06" E, 56.60 FEET; 8. S 83057'55"E, 29.18 FEET; 9. S 83044'43" E, 158.80 FEET; THENCE ALONG THE WESTERLY,SOUTHERLY,AND EASTERLY BOUNDARIES OF THE PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 20060008730, THE FOLLOWING FIVE(5) COURSES: 1. S 00030'05" W, 227.41 FEET; 2. S 89029'55" E, 25.40 FEET; 3. S 00030'05" W, 5.00 FEET; 4. S 89029'55" E, 200.00 FEET; 5. N 00030'05" E, 173.90 FEET; THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF INTERSTATE 25,THE FOLLOWING FIVE(5) COURSES: 1. S 89036'28" E, 265.38 FEET; 2. S 56056'01" E, 82.86 FEET; 3. S 24015'59" E, 793.35 FEET; 4. S 02002'35" E, 4185.48 FEET; 5. 135.77 FEET ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT 14AVING A RADIUS OF 11295.00 FEET,A CENTRAL ANGLE OF 00041'19", AND A CHORD WHICH BEARS S 01043'13" E, 135.77 FEET; THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF THE COLORADO DEPARTMENT OF TRANSPORTATION PARCEL DESCRIBED IN THE INSTRUMENT RECORDED JANUARY 16, 1964, IN BOOK 1234, PAGE 254, THE FOLLOWING TWO(2) COURSES: 1. S 84055'54" W, 574.58 FEET; 2. S 00055'24" W, 30.00 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3; T14ENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF THE COLORADO DEPARTMENT OF TRANSPORTATION PARCEL DESCRIBED IN THE INSTRUMENT RECORDED FEBRUARY 3, 1964 IN BOOK 1236, PAGE 143, THE FOLLOWING TWO (2)COURSES: 1. ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 3, N 89004'36" W, 100.00 FEET; 2. S 00055'24" W, 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF LARIMER COUNTY ROAD 36; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE N 89004'36" W, It 81.36 FEET; THENCE N 00055'24" E, 70.00 FEET TO A POINT ON THE NORTH LINE OF THAT RIGHT OF WAY PARCEL DESCRIBED AT RECEPTION NUMBER 88059400; THENCE N 090 16'32" W, 283.78 FEET; -2- THENCE N 01046132" W, 289.41 FEET; \ THENCE N 32046'32" W, 144.50 FEET; THENCE N 23039'02" W, 631.96 FEET; THENCE N 01 050'02" E, 208.47 FEET; THENCE N 17013'48" W, 642.38 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF STRAUSS CABIN ROAD AS DESCRIBED IN THE DEED OF DEDICATION RECORDED AT RECEPTION NO. 20040047101; THENCE S 88010'46"W, 65.00 FEET TO A POINT ON THE EXISTING BOUNDARY OF THE CITY OF FORT COLLINS AS DEFINED IN THE EMERGENCY ORDINANCE .NO. 130, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS,N 01049'14" W, 493.55 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 4, T6N, R68W; THENCE ALONG SAID NORTH LINE S 88036'42" E, 30.04 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 3; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3,N 01044-18" W, 2598.32 FEET TO THE POINT OF BEGINNING. Section 2. That the foregoing Property to be placed in the Transition("T")zone district shall be subject to the following condition: Notwithstanding the restrictions contained in Section 4.12 of the Land Use Code, earth-moving activities that are necessary to complete the terms and conditions of the State of Colorado Mined Land Reclamation Board for reclamation of the former gravel pit on the property,as well as the addition, stockpiling and grading of fill dirt in order to establish the necessary grades for future development of the property, shall also be permitted. Any earth work activity that exceeds the requirements for gravel pit reclamation is subject to submittal, review and approval of a Project Development Plan subject to review by the Planning and Zoning Board in accordance with the Land Use Code. Section 3. That the City Manager is hereby directed to present to the City Council for its consideration, no later than one (1) year from the effective date of this Ordinance, recommendations from City staff and the City's Planning and Zoning Board as to the most appropriate zone district or districts into which the Property should be placed upon removal from the Transition ("T") zone. Section 4. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the above- described property is included in the Residential Neighborhood Sign District. Section 5. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. -3- Introduced, considered favorably on first reading, and ordered published this 6th day of October, A.D. 2009, and to be presented for final passage on the day of October, A.D. 2009. � r Mayor -ATTEST: City Clerk. Passed and adopted on final reading on the 27th day of O r, A.D. 2009. Mayor A TZTEST: City Clerk -4-