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BELLA VISTA REZONING ..... SECOND P & Z BOARD HEARING - 45-01 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTS
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Legal Description Thence S68049'02"E, 100.05 feet along the Southerly Line of said STRACHAN SUBDIVISION, FIRST FILING to an angle point thereof, Thence S74045'02"E, 49.30 feet along the Southerly Line of said STRACHAN SUBDIVISION, FIRST FILING to the Northerly Right-of-way Line of said E. Horsetooth Road; Thence N89°50'37"W, 13.04 feet along the Northerly Right-of-way Line of said E. Horsetooth Road to an angle point thereof; Thence N89051'02"W, 783.87 feet along the Northerly Right-of-way Line of said E. Horsetooth Road to the TRUE POINT OF BEGINNING. Area = 128,909 square feet (2.959 acres), more or less NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discovered such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. REG Frank N. Colorado RrQjehiVbind Surveyor tj42,43 - 1860 Indu*`i Circle, Longrric'ht' CO 80501 X1, r �'At :y Date: File: LGL-1009.DOC ADP Project: 280-0 -2- ALBERS, DREXEL & POHLY, INC. 18601ndustrial Circle, Suite D • Longmont • Colorado • 80501 Telephone: (303) 682-1131 • Fax. (303) 682-1149 EXHIBIT "A" October 9, 2001 A description of BELLA VISTA, a tract of land located in the SW1/4 of Section 25, T7N, R69W of the 6th P.M., in the City of Ft. Collins, Larimer County, Colorado. For Stanford Development , LLC. LEGAL DESCRIPTION A tract of land located in the SW1/4 of Section 25, T7N, R69W of the 6th P.M., in the City of Ft. Collins, County of Larimer, State of Colorado, described as follows: COMMENCING at the Southwest Comer of said Section 25, from which the S1/4 Comer of said Section 25 bears S89°51'02"E, 2665.22 feet, thence S89°51'02"E, 1881.35 feet along the South Line of the SW1/4 of said Section 25 to the Southeasterly Comer of STRACHAN SUBDIVISION, THIRD FILING, a subdivision located in the SW1/4 of said Section 25, in the City of Ft. Collins, County of Larimer, State of Colorado, according to recorded plat thereof; Thence N00008'58"E, 50.00 feet at right angles from the South Line of the SW1/4 of said Section 25 and along the Easterly Line of said STRACHAN SUBDIVISION, THIRD FILING to an angle point thereof, also being the Northerly Right-of-way Line of E. Horsetooth Road and the TRUE POINT OF BEGINNING; Thence Northwesterly, 23.56 feet along the arc of a curve concave to the Northeast and along the Easterly Line of said STRACHAN SUBDIVISION, THIRD FILING to a point of compound curve to the right, said arc having a radius of 15.00 feet, a central angle of 90°00'00", and being subtended by a chord that bears N44°51'02"W, 21.21 feet; Thence Northeasterly, 198.17 feet along the arc of said curve and along the Easterly Line of said STRACHAN SUBDIVISION, THIRD FILING to a point of reverse curve to the left, said arc having a radius of 298.80 feet, a central angle of 38000'00", and being subtended by a chord that bears N19°08'58"E, 194.56 feet; Thence Northeasterly, 122.62 feet along the arc of said curve and along the Easterly Line of said STRACHAN SUBDIVISION, THIRD FILING to the Southerly Line of STRACHAN SUBDIVISION, FIRST FILING, a subdivision located in the S1/2 of said Section 25, in the City of Ft. Collins, County of Larimer, State of Colorado, according to recorded plat thereof, said arc having a radius of 376.80 feet, a central angle of 18038'45", and being subtended by a chord that bears N28049'35"E, 122.08 feet; Thence S69000'32"E, 225.51 feet along the Southerly Line of said STRACHAN SUBDIVISION, FIRST FILING to an angle point thereof; Thence S62013'02"E, 381.80 feet along the Southerly Line of said STRACHAN SUBDIVISION, FIRST FILING to an angle point thereof; A Full Service Land Surveying Company Boundary . Title • Geodetic . Topographic • Engineering Layout 0 Subdivision Platting • Environmental N Page 2 Rezoning Petition Reason for Request: (Please attach additional sheets if more space is needed.) To zone it in accordance with the adopted Structure Plan. Please attach listing of names and addresses of all persons owning land (as per Larimer County Assessor's office on date of request) within 750' of any portion of the area under petition for rezoning. STATE OF COLORADO ss. COUNTY OF LARIMER :'t en4o v - i? ?G A407 y ,-5t�/ The foregoing instrument was acknowledged before me this L44 day of 20 _� by C \-,y �1� fc1, o3 � M4be �c�.ac &j c &6rn6 t e►. eta .l lc for the purpose therein set forth. My commission expires rZoo �L— tary Public Note: Filing of a petition to rezone requires a deposit of $977.00 (nine hundred seventy- seven) with the City Clerk to defray the cost of the amendment. Please return to the Planning Department - City of Fort Collins - .1 CITY OF FORT COLLINS REZONING PETITION Petitioner: Name Stanford Development, LLC Owner: Name Stanford Development, LLC To the City Council of the City of Fort Collins, Colorado. Address 419 Canyon Avenue Suite 300 Fort Collins, CO 80521 Address 419 Canyon Avenue Suite 300 Fort Collins, CO 80521 I (We), the undersigned, do hereby respectfully petition and request that the City Council amend the zoning ordinance of the City of Fort Collins by changing the zoning of the hereinafter described parcel, containing 2.959 acres, more or less from Transition (T) zoning district to Medium Density Mixed -Use Neighborhood (MMN) zoning district: A tract of land located in the SW1/4 of Section 25, T7N, R69W of the 6th P.M., in the City of Fort Collins, Larimer County, Colorado. Please see "Exhibit A" for the complete Legal Description. No Text Bella Vista Rezoning Request, #45-01 February 21, 2002 P & Z Meeting Page 3 3. Request for MMN Zoning — Section 2.9.4 (H): The request to rezone the 2.959 acre parcel is considered a quasi-judicial action since the parcel is less than 640 acres. The requested rezoning shall be recommended for approval by the Planning and Zoning Board or approved by City Council only if the proposed amendment is: Any amendment to the Zoning Map shall be recommended for approval only if the proposed amendment is consistent with the City's Comprehensive Plan. As previously mentioned, the parcel is designated as "Medium Density Mixed - Use Residential" on the City Structure Plan, which matches the requested zone district. Therefore, the request complies with this criterion. 4. Findings of Fact: In evaluating the request for the Bella Vista Rezoning, Amendment to the Zoning Map from T — Transition to MMN — Medium Density Mixed -Use Neighborhood, Recommendation to City Council, Staff makes the following findings of fact. - A. The City Plan rezoning in March of 1997 for this property to remain in the T — Transition District assumed no immediate development. Based on an intent to development the property, the request to rezone it into the MMN — Medium Density Mixed -Use Neighborhood District is necessary. B. The subject property for the Bella Vista Rezoning is designated on City Structure Plan as "Medium Density Mixed -Use Residential". The request to rezone the property to MMN, therefore, complies with the City Structure Plan. C. The request to rezone satisfies the applicable review criteria of the Section 2.9.4 (H) of the Land Use Code. RECOMMENDATION: Staff recommends approval of the Bella Vista Rezoning, Amendment to the Zoning Map from T — Transition to MMN — Medium Density Mixed -Use Neighborhood, and Recommendation to City Council - #45-01. Bella Vista Rezoning Request, #45-01 February 21, 2002 P & Z Meeting Page 2 COMMENTS: 1. Background: A. The surrounding zoning and land uses are as follows: N: MMN; Existing multi -family residential (Aspen Leaf Apartments) S: MMN; Existing residential (Cove Island) E: MMN; Existing multi -family residential (Aspen Leaf Apartments) W: C; Existing business, commercial, office uses (South College Avenue Corridor) The property was annexed as part of the Brune Annexation in March, 1977. It was zoned T — Transition. The property has not been platted to date. B. City Plan Rezoning In March of 1997, in order to implement City Plan and Land Use Code, the 2.959 acre property now being considered for rezoning was again shown to be in the T — Transition District. C. Current Request The applicant, Stanford Development, LLC, c/o Cityscape Urban Design, filed a rezoning petition with the City on November 15, 2001. The applicant is requesting a rezoning of 2.959 acres from T — Transition to MMN — Medium Density Mixed -Use Neighborhood. The T zone functions as a "holding" zone where no uses are permitted on properties in the T District except uses that existed on the date the property was placed in this district. The property is currently vacant. 2. Structure Plan: The City Structure Plan, an element of the City's comprehensive plan, is a map that sets forth a basic framework, showing how Fort Collins should grow and evolve over the next 20 years. The map designates the parcel as "Medium Density Mixed -Use Residential." Therefore, the request is in compliance with the City Structure Plan. y ITEM NO. 3 MEETING DATE 2/21/02 =AwM STAFF Steve Olt Citv of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Bella Vista Rezoning, Amendment to the Zoning Map from T - Transition to MMN — Medium Density Mixed -Use Neighborhood, Recommendation to City Council - #45-01 APPLICANT: Stanford Development, LLC c/o Cityscape Urban Design, Inc. 3555 Stanford Road, Suite 105 Fort Collins, CO 80525 OWNER: Stanford Development, LLC 419 Canyon Avenue, Suite 300 Fort Collins, CO. 80521 PROJECT DESCRIPTION: Request to rezone 2.959 acres from T - Transition to MMN - Medium Density Mixed -Use Neighborhood. The request is for rezoning of a property located at the northeast corner of Stanford Road and East Horsetooth Road. The property is currently vacant. RECOMMENDATION: Approval EXECUTIVE SUMMARY: The parcel was annexed into the City in March, 1977 and placed in the T — Transition District. It remained in the T District as part of the City Plan city-wide rezoning in March, 1997. The T zone functions as a "holding" zone where no uses are permitted on properties in the T District except uses that existed on the date the property was placed in this district. No new permanent structures shall be constructed on any land in this district. The rezoning request complies with City Structure Plan and complies with the applicable review criteria by which rezoning requests are evaluated. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO80522-0580 (970) 221-6750 PLANNING DEPARTMENT