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HomeMy WebLinkAboutDowntown Development Authority - Minutes - 01/04/1996/ DOWNTOWN � AUTHORITYENT ONE WEST CONTEMPORARY ART CENTER Telephone (303) 484-2020 201 SOUTH COLLEGE AVENUE, FORT COLLINS, CO 80524 Telefox (303) 484-2069 DOWNTOWN DEVELOPMMIT ADTHORITy Regular Directors, Nesting MZNDTES OF JANMvv 4 1996 avGOLAR XMING The Board of Directors of the Downtown Development Authority met in regular session at 7:30 a.m., January 4, 1996 in the conference room at 201 South College Avenue, one West Contemporary Art Canter. PRESENT There were present: Stephen Slezak, Chair presiding Bonnie 31xler Szidon, Vice Chair Mary Brayton, Secretary Carey Hewitt, Treasurer Rick Goodale Chuck Wanner Jason Headors Kermit Allard Staff: Chip Steix}er, Consultant Anne Gar:,' -son Lucia Liley, Counsel Absent: Kermit Allard Greg Belcher Guests: Tom Livingston, Everitt Enterprises, Dawn Sinnard, Vaught Frye Architects. CALM TO ORDER Ms. Szidon called the meeting to order. Before approving the minutes of December 7, 1995 it was noted that Ns. Liley and Mr. Goodale's Presence was not recorded. A motion was made by Mr. Headors, seconded by Mr. Wanner, to approve the minutes with this correction, and the motion car_ied unanimously. 200 WALNOT STET This structure is located at the corner of Pine and Walnut Streets and is 8,100 s estimated at 225,000 -oars feet in size. Improvements are 5 - $250,000 with $64,000 for the facade. Mr. Steiner suggested the Board give serious consideration to this project for the following reasons: • It is situated at the entrance to Old Town • In the same block as the Linden Hotel • Consideration might be given to wrapping together the improvements an Pine Street with those of Walnut Street • Improvements would have a significant impact on Old Town • The change of use resulting from these improvements will benefit the central business district. DDA MINUTES PAGE 2 The Capital Projects Fund stands at $91,000. Since other projects will assuredly arise throughout the year, prudence must be exercised at this early date with regard to expenditures. Of the viable options Mr. Steiner placed before them, the Directors leaned toward funding a given figure, and encouraging Mr. Livingston to seek additional monies through CDBG and other sources of funding. In the discussion which ensued the following motions were entertained: Mr. Goodale - $15,000 Mr. Meadors - $30,000 Mr. Hewitt - $25,000 Ms. Szidon - $10,000 Mr. Steiner interposed that the State Historic Society might well fund the project in its entirety. Another consideration might be to request $20,000 from the State, $5,000 from LPC and 515,000 from DDA. He explained that the State will not limit its gift by the amount we contribute. Mr. Steiner concluded that between the DDA and LPC $25,000 and $5,000 respectively might be given and the State approached for the other fifty percent. At this juncture, Mr. Hewitt moved to allot $25,000 stating Mr. Livingston could return later to the Board for additional consideration, at which point depending on other projects before the DDA, additional funding might be forthcoming. The motion was seconded by Mr. Meadors. Mr. Goodale supported the motion, but encouraged Mr. Livingston to appeal to the State for maximum funding. In light of this, Mr. Meadors now moved to amend the motion, to state "up to $25,000." Counsel then offered some clarification on the feasibility of handling this request in two steps. Mr. Livingston requires some sort of commitment from the DDA. Thus, $15,000 could be committed now, but the Board would consider funding the project up to $25,000 depending on other sources of revenue. Assistance in requesting the State grant would be afforded Mr. Livingston by Mr. Steiner. A vote on the motion as amended carried unanimously. DDA/DRA An agreement between the DDA and DBA was presented for the AGREEMENT Board's consideration and approval. Under the terms of this agreement, the DDA will provide funding in the amount of $5,000 in exchange for marketing and promotional services. Mr. Steiner urged a continuation of the relationship, stating that DDA benefits, as does the community. He explained that most of DBA's $350,000 funds are derived from their own fund raising activities, not through merchant donations or DDA contributions. Mr. Wanner moved that the agreement be signed and Mr. Goodale seconded the motion, contingent upon a review of DBA's schedule of events. OFFICE LEASE Mr. Goodale excused himself due to a possible conflict of interest. If DDA plans to remain at 201 South College Avenue, the lease needs to be renewed. A tentative lease would be in the amount of $12 per square foot or $7,440 annually. In the past, DDA has moved to assist new projects in their early stages. DOWNTOWN DEVELOPMENT AUTHORITY ONE WEST CONTEMPORARY ART CENTER Telephone (303) 484-2020 201 SOUTH COLLEGE AVENUE, FORT COLLINS, CO 80524 Telefm( (303) 484-2069 TO: DDA Board of Dir ors FROM: Chip Steiner DATE: June 2, 1996 OY RE: Downtown Rezoning One of the items adopted as a part of the Downtown Plan was rezoning the central business district to accommodate and encourage mixed land uses. The City has begun a very low-key approach to this project by suggesting changes to existing zones which are not compatible with the goals and objectives of the Downtown Plan and Civic Center Plan. Members of the City Planning Department will provide more background information at the Board meeting. The first proposal being made by the City recommends changing most IG-general industrial designated areas to RC -river corridor zoning. The IG zone currently extends down both sides of Mason Street to Mountain Avenue. Attached to this memorandum is a zoning map illustrating the IG zone. The RC zone generally accommodates any anticipated use for the central business district and the PUD remains an option for any project to legally deviate from the prescribed uses. However, the RC zone does not seem to be the best fit for that stretch of property extending along Mason Street from Cherry to Mountain Avenue, an area entirely encompassed by the Civic Center Plan. The area is not adjacent to the Poudre River. It is in much closer proximity to the rest of the commercially developed part of downtown. As such it is an appropriate area for densities higher than the RC zone anticipates (especially through the lot size to floor area ratios which limit the size of a building to twice the square footage of its site). This corridor is an appropriate area for hi -rise buildings (Fort Collins scale) and high density development. It might be a good recipient area of transferrable development rights. These kinds and intensities of uses are not intended for river bank locations. A suggestion might be to develop a new zoning classification to encourage more urban -scale development along Mason Street. To a lesser extent, the same arguments regarding the Mason Street corridor could be applied to the two blocks between Jefferson and Willow streets. It might be beneficial to encourage higher density developments in these bocks through a zone other than RC. No Text • ZONING, ANNEXA770N AND DEVELOPMENT OF LAND Subdivision U.1-G General Industrial District* Sec. 29.385. Purpose. The I-G General Industrial District is for heavy industrial uses. Sec. 29-388. Uses permitted. The uses permitted in the I-G District are as follows: (1) Any use other than one -family, two-family or multifamily dwellings. (2) Any land use located on a Planned -Unit Development plan as defined, processed and approved according to § 29.526. )Code 1972, § 118.72(A); Ord. No. 3, 1988, § 9, 1.19.88) Sec. 29387. Performance standards. Every use permitted in the I-G District shall conform to the performance standards required for the I-L Limited Industrial District as set forth in § 29.368. (Code 1972, § 118.72(B)) Sec. 29-388. Planned Unit Developments. Development of areas in the I-G District as a Planned Unit Development plan as defined, pro- cessed and approved according to § 29.526 may vary the requirements of this Subdivision. (Code 1972, § 118-72(C)) Sec. 29.389. Screening required. The storage yard of any junkyard use shall be enclosed and screened by an opaque fence or wall at least eight (8) feet in height. (Ord. No. 117, 1991, $ 11, 11-5.91) Secs. 29.390-29-400. Reserved. *Cross reference —Sign regulations, § 2959& Supp• No. 17 § 29403 Subdivision V.1--P Industrial Park Districtt Sec. 29-401. Purpose. The IT Industrial Park District designation is for light industrial park areas containing controlled industrial uses. The IT District is designed for industrial uses in proximity to areas zoned for residential use and along arterial streets. (Code 1972, § 118.73) Sec. 29402. Uses permitted. (a) The uses permitted in the I-P District shall be those uses as set forth in § 29-367. (b) Any use in this district shall conform to the requirements set forth in this Subdivision. (Code 1972, § 118.730) Sec. 29-403. Landscape requirements. (a) Screening. Generally, an eighty -foot land. scaped buffer strip shall be recommended along any and all residential district boundary lines abutting property in the I-P District, provided that variations from the standards herein set forth may be permitted if the City Forester and Direc- tor of Planning find that such variations provide. an equal amount of effective screening. Normal. ly, the buffer strip shall consist of a continuous evergreen screen with a minimum height of six (6) feet and planted in three (3) rows, with trees twenty (20) feet on center. If the zoning district line is on a street right-of-way, the requirement for a buffer strip shall be reduced to at least fifty (50) feet, and such buffer strip shall consist of a continuous evergreen screen, a minimum of six (6) feet in height and in two (2) rows, with trees twenty (20) feet on center. 2017 (b) Landscaping along arterial streets A fifty. foot landscape buffer strip shall be required along all arterial or collector streets. (c) Design standards Where landscaping is re- quired, a plan shall be submitted and approved by the Director of Planning and the City Forest- er. The plan shall provide an ample quantity and variety of ornamental plant species which are regarded as suitable for this climate. Landscape. ?Cron reference —Sign regulations, § 29493. M § 29-403 FORT COLLINS CODE treatment must be balanced with both evergreen and deciduous plant material with sufficient use of upright species for vertical control. Landscape treatment may include natural rock arrangements, Plant material selections will be reviewed for adapt- ability to physical conditions indicated by site plan locations. (d) Irrigation Permanent. underground water facilities for irrigation purposes shall be provided for all landscaped areas except in those areas in which dry landscaping has been used. (a) Maudena:nca Required landscaping shall be maintained in a neat, clean and healthy condi- tion. This maintenance shall include proper prun- ing, mowing of lawn areas, weeding, removal of litter. fertilizing, replacement of plants when nec- weary and regular watering of all landscaped areas. (Code 1972, § 118.73(BX1)) Sec. 29.404. Bulk and area requirements. The following are area minimum requirements with regard to the size of lots and setbacks for property in the I-P District: (1) Lot area The minimum lot area shall be the equivalent of two (2) times the total floor area of the building, but in no event less than twenty thousand (20,000) square feet. No more than fifty (50) percent of any lot shall be covered with building snvchrreL (2) Width of lot The minimum lot width shall . be one hundred (100) feet. (3) Front yard Minimum distance of any build. ing from the front property line shall be fifty (50) feet. A minimum of twenty-five (25) feet in the front yard adjacent to any street rightof-way shall be used for no pur. pose other than the required landscaping and ingress and egress. No fences shall be erected within this twenty-five foot area. (4) Side yard Minimum distance of any build. ing from the side property line shall be thirty (30) feet. In cases where the side Yards are used for storage, loading or park- ing facilities, they shall be screened from the view of public rights -of -way in residen. Supp. Na 17 tud areas, Where a zoning distils£ line joins a railroad right-of-way, this side yard min. imam distance shall not be required. (5) Rear yard Minimum distance from rear lot line to building shall be twenty (20) feet. In cases where the rear yards are used for storage, loading or parking facilities, they shall be screened from the view of public rightsof--way in residential areas. Where a zoning district line joins a rail. road rightof-way, this raw yard minimum distance shall not be required. (Code 1972.1 118-73(BX2)) Sec. 29.405. Enclosure required. All manufacturing and similar uses in the I-P District shall be carried on entirely within a com. pletely enclosed structure. (Code 1972, § 118-73(BX4)) Sec. 29.408. Performance standards. All uses in the I-P District shall conform to the performance standards required for the I L Lim- ited Industrial District as set forth in § 29.388. (Code 1972, § 118-73(A)) Sec. 29.409. Planned Unit Developments Development of areas in the I-P District as a Planned Unit Development plan as defined, pro. cessed and approved according to § 29-M may vary the requirements of this Subdivision. (Code 1972, § 118-73(BX5)) Sep. 29.408-29.4L2. Reserved, Sabdurision W. RC River Corridor District Sec. 29413. Purpose. The RC River Corridor District designation is for areas developing within the Downtown River. Corridor of the Cache La Poudre River. (Ord. No. 31, 1987, § 2(118-74), 2.17.87) Sec. 29414. Uses permitted. (a) All permitted uses listed in this Section (and expansions of more than twenty-five (25) percent 2018 l J • ZONING, ANNEXATION AND DEVELOPMENT OF LAND of the gross floor area of uses existing on Febru- ary 17, 1987) shall be subject to administrative review procedures as established in a Neighbor- hood Plan for the affected area, if such a plan has been adopted as an element of the Comprehen- sive Plan of the city. Permitted uses (3) through (30) below shall be subject to administrative re- view by the Director of Planning of the proposed site, landscape and preliminary architectural de- signs and, where applicable, opportunity for sim- ilar review by a neighborhood representative as allowed and adopted in the Neighborhood Plan, all in accordance with the administrative guide- lines as developed by the city. The decision of the Director to approve, deny or modify the proposed. plan must be made within three (3) weeks of sub- mission by the applicant, and if not so made, approval shall be deemed to have been given. The decision of the Director may be appealed to the Planning and Zoning Board as provided in the administrative guidelines. (b) The specific uses permitted are as follows: (1) Single-family dwellings. (2) Two-family dwellings. (3) Public and private schools. (4) Colleges and universities. (5) Multifamily dwellings. (6) Boarding -and roominghouses. (7) Automobile repair, conducted inside of a building. (8) Banks, savings and loan and finance com- panies- (9) Churches. (10) Heliports. (11) Hotels and motels. (12) Indoor theaters (except adult entertainmena (13) Membership clubs. (14) Offices and clinics. (15) Parking lots and parking garages. (16) Parks and playgrounds. Supp. No. 17 129-415 (17). Personal service shops. (18) Printing and newspaper offices. (19) Recreational uses. (20) Standard restaurants; bars. (21) Retail stores. (22) Public utility installations. (23) Laundry and dry-cleaning outlets whose business consists primarily of serving re- tail customers. (24) Public and private vocational and techni- cal schools. (25) Fraternity and sorority houses. (26) Full -line pet shops not containing facilities for boarding animals. (27) Small animal veterinary clinics. (28) Group homes. (29) Light industrial uses (subject to the per- formance standards included in 129415), including such uses as the manufacture of electronic instruments, assembly, packag- ing or installation of gauges, electric or electronic instruments and similar equip- ment and devices with enclosed component storage, preparation of food products, phar- maceutical manufacturing, research and ad. entific laboratories and the like. Light in- dustry shall not include uses such as min- ing and extracting industries, petrochemi- cal industries, rubber refining, primary metal and related industries. (30) Accessory buildings and uses. (31) Any use located on a Planned Unit Devel- opment plan as defined, processed and ap-. proved according to 1 29526. (Ord. No. 31, 1987, 1 2(118.74(A)), 2.17-87; Ord No. 182, 1987, 12.1.87) Sec. 29.415. Performance standards. All light industrial uses shall conform to the performance standards required for the I-L Lim- ited Industrial District as set forth in 1 29.368. (Ord. No. 31, 1987, 1 2(118.74(B)), 2.17-87) 2019 129.416 FORT COLL= CODE r Sec. 29-416. Landscape requirements. Subdivision X T Tronsidon Distnet All uses in the RC District, except singie-familY and two-family dwellings, shall conform to the Sec. 29 421. Purpose- landscape requirements as set forth in 129,426. The T Transition District designation is for prop (Ord. No. 31, 1987,. § 2(118.74(C)), 2-17-87) erties which are in a transitional stage with re- gard to ultimate development. Sec. 29-417. blinimum area of lot ( 1972, ¢ 118 74) The minimum lot area shall be the equivalent of one-half (%) the total floor area of the building. (Ord. No. 31, 1987, § 2(118-74(D)), 2.17-871 Sec. 29-418. Planned Unit Developments. The requirements of this Subdivision may be varied or waived for uses which are located on a Planned Unit Development plan approved in ac- cordance with § 29-526 (and where applicable, subject to review as established in an adopted Neighborhood Plan for the affected area). (Ord. No. 31, 1987, § 2(118.74(E)), 2.17.87) Sec. 29-419. Site plan requirements. Permitted uses listed in § 29-414(3) through (30), inclusive, shall require that a site plan, land- scape plan, building elevations and other support- ing documentation complying with § 29526 be submitted to and approved by the Director of Plan- ning. Upon receipt of a complete application, the Director shall hold a public hearing in his/her office on the first and third Thursday of each month, at 1:30 p.m., for the purpose of approving.. disapproving or approving with conditions the pro- posed development. Notwithstanding the fore- going, the Director of Planning may refer the de- cision to the Planning and Zoning Board; and if so referred, the decision of the Planning and Zoning Board shall constitute a final decision, subject only to appeal to the City Council as provided in § 2.47 of this Code. (Ord. No. 3, 1988, § 10,1-19.88; Ord. No. 77,1990, § 2, 7-17.90) Sec. 29.420. Reserved. Supp. No. 17 Sec. 29.422. Uses permitted. The uses permitted in the T District are as follows: (1) No use shall be permitted of properties in the T District except such use as existed on the date the property was paced in this zoning district. No permanent structures shall be constructed on any land in this zoning district, except that at the time of zoning or rezoning of the property into this zoning district The City Council may grant a variance permitting expansion of any ex- isting use or installation or enlargement of a permanent structure to be used in con- nection with the use of the property at the time of such zoning or rezoning upon the following conditions: a. The owner of the property, prior to the City Council meeting at which the zon- ing or rezoning is to be heard, shall submit a site plan showing in reason- able detail the existing and proposed uses of such property. b. The city council shall grant such vari- ance only upon a finding that the strict application of the zoning ordinance re- lating to nonconforming uses would re- sult in exceptional or undue hardship upon the owner of the property and that the variance may be granted with- out substantial detriment to the public good and without substantially impair- ing the intent and purposes of the non- conforming use provisions. .(2) After the property has been placed in the T District, the Zoning Board of Appeals may grant a variance in accordance with H 2941 and 29-42 permitting installation of a per- manent structure to be used in connection 2020 ddD�NTOWN DEVELOPMENT AUTHORITY ONE WEST CONTEMPORARY ART CENTER Telephone (303) 484-2020 201 SOUTH COLLEGE AVENUE, FORT COLLINS, CO 80524 Telefax (303) 484-2069 TO: DDA Board of Directors FROM: Chip Steiner DATE: June 3, 1996 RE: The Urban Area of the Poudre River Corridor Attached to this memorandum is a color map depicting the City of Fort Collins according to City Plan. The map shows a strip of green running through the central business district called the Poudre River Corridor. Uses for this corridor have not been determined. Members of the DDA Board who are also participants in the City Plan process have asked that the Authority provide input with regard to Poudre River Corridor uses and development as it passes through downtown. This issue is pretty important to the future of the CBD. Once the Board develops a position it will be put into resolution or letter form and passed to appropriate review agencies. 4 1 ddoDANTOWN DEVELOPMENT AUTHORITY ONE WEST CONTEMPORARY ART CENTER Telephone (303) 484-2020 201 SOUTH COLLEGE AVENUE, FORT COLLINS, CO 80524 Telefox (303) 484-2069 TO: DDA Board of Directo- FROM: Chip Steiner DATE: June 1, 1996 RE: Downtown Parking Study Attached to Boardmember packets is a cover memorandum from City of Fort Collins Transportation Planner Dick Schaffer and an executive summary addressing the findings and recommendations of the current parking study being conducted in the downtown and CSU neighborhoods. The study is divided into three sets of recommendations, the first addressing current needs, the second addressing needs around the year 2000 and the third for the year 2015. Observations on Current Recommendations. 1. The study recognizes a shortage of spaces in some locations at certain times of the day. However, the numbers showing occupancy rates for the districts (maximum usage of 60 percent) within the study area are not reflective of the difficult parking conditions encountered because there is no direct correlation between destinations and available parking. In other words, 40 percent of the parking spaces in district 4 (the core area of downtown) may be vacant during the lunch hour, but they won't be found along the block faces of the 100 and 200 blocks of College Avenue nor along the 100 blocks of most of the cross streets. If alternative and convenient parking is not readily apparent then there is a real, not perceived, parking problem for the central business district. 2. To address current parking problems the study recommends: a. Increasing enforcement of short-term parking spaces within problem areas; b. Converting the Oak/Remington lot or parking garage to hourly paid parking; C. Develop new parking spaces north of LaPorte Avenue; d. Increase long-term parking availability in Block 31 and the LaPorte -America lot; e. Use permit rates to reflect the convenience of a parking location. The last thing that should be encouraged is increasing the r enforcement of short-term parking for visitors to the central business district. Increased enforcement of short-term parking must target business owners and employees. A group of downtown business owners have undertaken an independent effort to educate their peers about this problem. The City has been asked if it can devise a method to identify chronic abusers of short-term parking and fine them appropriately. Before long-term parking is converted to hourly, paid parking, the study needs to evaluate what impact that would have on getting employees and business owners out of short-term parking spaces. Longer -term parking must be available and relatively convenient. If it is not, on -street parking abusers are not going to go away. Using a graduated permit rate reflective of the relative convenience of off-street, long-term parking makes sense as long as it does not create ill -will among employees and/or visitors. Some form of shuttle service may be necessary if remote parking lots are used. The proposed "Changes in Parking Use" on page 10 of the executive summary suggests converting some long-term parking to short-term parking. The result, unless additional spaces are developed, is a reduction of 60 to 110 long-term parking spaces. Again, is this the desired result? Can those who we are trying to encourage to use off-street parking be reasonably accommodated with a reduction of available spaces? Observations on the Year 2000 Recommendations• 1. The study states that the redevelopment of block 31 (courthouse site) will be a major source of additional parking demand within downtown. Much of the "new" demand will result from the consolidation of County offices which are presently dispersed but still concentrated in the central business district. This means that as County employees relocate to block 31, their former parking spaces are freed up. For instance, those spaces currently used by the District Attorney in the LaPorte -America lot will be vacated when that office relocates to the new courthouse facility. This should reduce the impact of lost parking on Block 31. There will be a net increase in demand simply because the new courthouse will be larger than existing facilities but hard figures are difficult to come by. For instance, the study suggests the new justice center will employ 290 people and generate 962 visitations. These numbers are decidedly different than another set of figures which suggests 247 employees and 335 visitations. Neither set of numbers indicates what the "net" increase is nor how many spaces in other parts of the CBD are vacated as a result. Perhaps the greatest single impact of the courthouse project is the displacement of the existing parking on Block 31. There are currently about 340 spaces on the lot. Of these, 33 spaces are reserved for the general public. The County and the City split the balance. The public and County spaces will be replaced with spaces in the on -site parking garage. That leaves about 150 spaces which are reserved for City employees. Depending on where these employees are relocated there may be a significant localized impact on parking availability. Figures generated by consultants to Larimer County recommend that 700 on -site parking spaces be provided for Block 31. This is better than a 100 percent increase over what is currently available on the block. Whether or not this is an adequate amount depends on the intensity of redevelopment for the entire site. The study recommends building a new ramp on the LaPorte - America lot to accommodate lost parking on Block 31. While the impact on existing parking services through the redevelopment of Block 31 may not be as great as projected by this study, a ramp on the LaPorte lot is needed because it would significantly ease the existing on -street parking problems for the 100 blocks of North and South College and the local cross -streets. Furthermore, as the City proceeds with a transportation demand management (TDM) program --the intent being to reduce automobile usage --some acceptable alternatives need to be in place. The study recommends the ramp on the LaPorte lot include a transit center and bicycle parking. It would be useful to have these already in place as TDM is inaugurated. Perhaps as importantly as whether or when to build a parking ramp on the LaPorte lot is the question of how. If it is not already a part of this study, an analysis of funding mechanisms for public parking needs to be conducted. The study recommends using TDM objectives as part of the "final prescribed facility size and operation." The DDA provided fairly negative input to a presentation about TDM a few years ago. The DDA's positions were: a. Downtown should not be used as a guinea pig to test out transportation -related behavior modification systems; b. As it is today, downtown is clearly the most active and effective alternative transportation commercial district in the city. Aside from enclosed malls, no other commercial location comes remotely close to the pedestrian -sensitive environment and pedestrian -oriented land use concentration of the central business district. The one ingredient necessary to maintain that environment is the ability for people to get to it. Today, the preferred mode is the automobile. until attitudes change for all cultures and all locations within the community curbing the main form of transportation into and out of the central business district will affect it negatively relative to the rest of the commercial areas of the city. When it first considered this, the DDA asked that TDM decision -making evaluate its impact on other aspects of community life beyond just the mitigation of traffic congestion. Making life difficult for the automobile in the central business district prior to general acceptance of alternative modes of transportation can have long-term and very expensive economic and social ramifications. S. The study recommends a phasing program for the development of Block 31 and the LaPorte parking structure to minimize the disruption to existing parking spaces during construction. Makes sense. 6. The study recommends moving away from a permit system to daily payment systems. As noted earlier, the effect of this needs to be evaluated in terms of getting the people who work downtown into permit spaces and out of on -street parking spaces. Observations on the Year 2015 Recommendations. The study notes that the 45 percent increase in leasable space downtown projected by the Civic Center Master Plan is accommodated by a 26 percent increase in parking spaces. TDM needs to be working pretty well by that time if this ratio of new leasable space to new parking becomes reality. The Board is being asked to comment on this study. At its direction either a letter or resolution will be drafted to reflect the Board's positions and forwarded to the Planning and Zoning Board and to City Council for inclusion in their packets as they consider the study. • ��DOWNTOWN DEVELOPMENT AUTHORITY ONE WEST CONTEMPORARY ART CENTER Telephone (303) 484-2020 201 SOUTH COLLEGE AVENUE, FORT COLLINS, CO 80524 Telefax (303) 484-2069 TO: DDA Board of Direzors FROM: Chip Steiner DATE: June 2, 1996 RE: Resolution addressing problems in the DT parking garage A letter from Mark Sluss, Managing Partner of CoopersSmith's Pub and Brewing, is attached to this memorandum outlining a number of concerns regarding the parking garage located at the corner of Remington Street and East Mountain Avenue. The letter identifies the following issues: 1. Vandalism to the garage and the elevator; 2. Vandalism to parked cars; 3. Theft of items inside cars and the cars themselves; 4. Use of the ramp as a "playground" for skateboarders, blades, bicycles creating a dangerous conflict with cars; 5. Use of the top floor as a launching pad to hurl rocks cans, refuse, bottles and water balloons on people and cars; 6. In the aggregate, the fear these problems create among users and potential users of the parking garage. At this very moment, the large plate glass window in the garage elevator is being held together with tape. The elevator breaks frequently. The elevator/stair tower has always been a haven for transients. A steel cage was erected over the skylight on the roof of the attached office building because of "debris" (in the form of concrete wheel stops) being thrown from the top of the garage. In light of the parking study discussed earlier, this is an appropriate issue for the Board to consider. The operation of parking facilities is as important as providing them in the first place. The letter from Mr. Sluss suggests a number of solutions, one of which is to staff the facility. This is a suggestion made by the downtown parking study as well. It is an expensive solution and might not completely resolve the problem since there are plenty of other ways to access the garage other than through the main entries/exits. Nevertheless, it would have a significant impact. Mr. Sluss also suggests a secured bicycle parking area within the ramp which would have the added benefit of reducing bike -pedestrian conflicts in Old Town Square. Finally, Mr. Sluss believes there may be a willingness on the part of business owners and employees to pay for added security. To this, the DDA might suggest that policing activity be increased by using the foot patrol squad recently established in Old Town Square. Perhaps a very obvious increase in police presence, especially at night, would deter mischievous and/or gang activity. A resolution is attached for Board consideration. RESOLUTION 96-4 OF THE FORT COLLINS, COLORADO DOWNTOWN DEVELOPMENT AUTHORITY MAKING RECOMMENDATIONS TO THE FORT COLLINS CITY COUNCIL REGARDING THE OPERATION AND SECURITY OF PARKING GARAGES IN THE CENTRAL BUSINESS DISTRICT WHEREAS, the Fort Collins Downtown Development Authority has been duly organized in accordance with the Colorado Revised Statutes 31-25-804, 1973 as amended; and, WHEREAS, the Downtown Development Authority has an obligation to assist in the economic wellbeing of the central business district; and, WHEREAS, the Downtown Development Authority built a parking garage at the southeast corner of Remington Street and East Mountain Avenue for the purposes of advancing the economic wellbeing of the central business district; and, WHEREAS, through the conduct of a professional study, the City of Fort Collins is in the process of making certain findings with regard to the present and future parking needs of the central business district; and, WHEREAS, the Downtown Development Authority has been made aware of security issues with the potential to do serious physical and bodily harm, in the parking garage at the southwest corner of Remington and Mountain; and, WHEREAS, such security issues will be effect future parking garages as well as the facility at the southeast corner of Remington and Mountain. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Fort Collins, Colorado Downtown Development Authority that it hereby recommends to the Council of the City of Fort Collins: 1. Increase security measures in the parking garage at the southeast corner of Remington and Mountain for the purposes of increasing the preservation of physical property and the safety of patrons using the facility by such means as: a. Increased police patrols, especially after dark; b. Permanently staffing the building with parking attendants; C. Increasing fees to pay for increased security. 2. Add to the scope of work for the downtown parking study an analysis and recommendation section addressing ways to increase security in existing and future parking facilities. Passed and adopted at a regular meeting of the Board of Directors of the Fort Collins, Colorado Downtown Development Authority this 6th day of June, 1996. Stephen Slezak, Chair ATTEST: Mary Brayton, Secretary o4�Rs�r,� y #5 Old Town Square Fort Collins, CO 80524 303/498-0483 May 30, 1996 The four-story parking garage on the SW. corner of Remington and Mountain is intended to complement Old Town: workers and patrons alike are encouraged to utilize the structure. Lately, however, the reality of Big City Life has brought with it security concerns surrounding the structure and users. Vandalism, both to the garage itself and to autos parked within, has increased dramatically of late. Theft of belongings within cars and auto theft itself is fact, not something that'happens somewhere else.' Small groups of youth, on all manner of wheels (bicycles, skateboards, rollerblades) frequently use the garage as a playground, posing a risk to themselves and to garage patrons. The elevator is a target of vandalism, and when not in service is a hardship to those needing alternatives to stairs. The top floor provides a launching pad from which "snipers" hurl rocks, cans, refuse, bottles, and water balloons on passersby on sidewalks below and/or cars entering and exiting. Most importantly is the increased possibility of physical crimes against late -night garage users. Moreover, workers and shoppers who've experienced the aforementioned bugaboos doubtless spread the "Fear the Garage" message to others, fanning a negative (but not fictional) word of mouth phenomenon detrimental to the vibrant social and economic core of Old Town. Plainly stated: we're a Big City now, with some Big City problems, and Big City solutions need implementation. A possible solution may be retrofitting the garage to include a ticket validation system with a manned exit gate, which would address all the above concerns. All entrants, using all manner of transportation, must "purchase" a ticket to get in. Bicyclists would have an area set aside to lock their bikes, away from traffic areas. This alone would ease the problem of two -wheelers in the square. In conversations with several retailers, workers, and guests to the area, no resistance has been offered to the idea of rates of up to $5 an evening (total), in exchange for the peace of mind of having paid personnel in the garage during peak hours. Retailers and restaurants could validate tickets, with discounts passed on to garage users. The rates and validation hours could vary seasonally. Old Town is THE destination nowadays for many. It would be negligent not to invest in the security of downtown workers and visitors while clinging to a "M don't have those problems" mindset. Time to wake up and smell the busted windows, time to bring the complete resurrection of Old Town to fiuition. sincerely, - Mark W. Sluss Managing Partner CooperSmith's Pub & Brewing • ddoDOWNTOWN DEVELOPMENT AUTHORITY ONE WEST CONTEMPORARY ART CENTER Telephone (303) 484-2020 201 SOUTH COLLEGE AVENUE, FORT COLLINS, CO 80524 Telefmc (303) 484-2069 TO: DDA Board of Di� - I tors FROM: Chip Steiner C� ^ DATE: June 2, 1996 RE: opera Galleria Representatives of the owners of the Opera Galleria have filed a property tax protest. Attachments to this memorandum include copies of the protest letter filed with the Assessor's office and relevant pages from the 1993 revised agreements between the DDA/City and Galleria owners. The County now values the property for tax purposes at $3,834,000. This generates around $105,000 in property taxes. The protest asks for the value to be reduced to $2,401,700 which generates about $66,000 annually in property taxes. The owners representatives argue that the property was 75 percent vacant in 1993, 38 percent vacant in 1994, and has been 14 percent vacant ever since. According to the City/DDA agreement with the owners, the property must generate a minimum of $100,000 annually in property taxes through the year 2005. Should it fail to generate that amount, for whatever reason (including a valuation challenge) the owners are obligated to make up the difference. If this obligation is breached, all rights to the project's dedicated parking are revoked. Legal counsel is pursuing this matter and will provide an update at the Board meeting Thursday morning. •, '•MAY 30 '96 04:2OPM LAR CO ASSESSOR • P. 2/3 ic1 I1. 1139 Delaware Shea; Suite 300 & Company, Inc. De^wer• Colorado 80204 Rat Estnta CansWtants C=)'575O30 (SOM 575-93M - Paz [pp:sevooper] May 24, 1996^Vq j "� Assessor Larimer County, Colorado Re: schedule 1: 97114-57-001 Property: Lot 1, Opera House Block Building PuD, et, al. Historical Opera House Assessor: We represent the owners of the above referenced property. We hereby protest the 1996 property tax valuation. We estimate the 1996 actual value for property tax purposes to be $2,401,700. Your office has valued the property at: $3,834,000 Tihe s subject property is the Historical Opera House. The property a retail/office conversion. We have analyzed the income and expenses produced by the property for 1994, 1995 and the first four months of 1996. The vacancy rate at the property has been as follows: 1-1-94 76% Vacant 1-1-95 38-% Vacant 1-1-96 14% Vacant 5-1-96 14% Vacant We have summarized the income and expenses for 1994, 1995 and the first four months of 1996 on the following page. 05/30/96 15:10 TX/RX N0.1525 P.002 0 MAY 30 '% 04:21PM I_AR CO ASSESSOR P.3/3 h IIT.Ioai 7 E T I O It Aoasa Prepeztiea, ., eattar a tns pteprrtYi ld;t1adlLelOper as aaTp�Lioht a Cospanp. Ido. as axelusLVQ a, !n 4 �swop*rty taxation and grant Ee them 4he Powys n*c*DGar7 to InVesti4ata. seek any adZwtrnane, ayotiata and onto* Sate agresnants on lfshalt for t,a Y eating yropowt4ss and pasaeJ.a per %hO to yenta 190e and 11M. a4drams RCbeQQla Ye_ Catptl. EOL i. Opwsa 1[eena ESeek 97114-57-00i larimez luildixq Pon; at_ al. L'Ja.,.a COlorade lLaliad partearaatp, h" CM%'l GUISMA L, L.L.C, a Colorado i lea tadl taDlitxy eam. L-44xnl partnar jaft Y0, 05/30/96 15:10 TX/RX NO.1525 P.003 •• 1. SUPERSEDE PREVIOUS AGREEMENTS This Agreement shall supersede any and all provisions of the Implementation Agreement and the 1990 Agreement, provided that nothing herein shall be deemed to have any effect on the Declaration of Covenants, Conditions and Restrictions for the Project filed of record with the Clerk and Recorder of Larimer County, Colorado at Reception No. 92078075 which shall remain in full force and effect and continue to bind the property described on Exhibit A. 2. REAL PROPERTY TAXES 2.1 Upon execution of this Agreement, the DDA, the City and the Partnership agree to certify in writing to the Larimer County Treasurer, and any other administrative or judicial body or forum with jurisdiction over a proceeding or controversy involving the Project's valuation for tax year 1992, an actual valuation of the Project necessary to result in a Required Tax Level, as defined hereinafter, of $125,000.00 for tax year 1992. 2.2 For tax years 1992 through 2005, inclusive, the Partnership, Houlihan and the General Partner agree not to seek a reduction in the assessed valuation of the Project or to seek an abatement of real property taxes which would result in such taxes being assessed against the Project below the following described levels (the "Required Tax Levels"): Tax Year Property Taxes Assessed 1992 $125,000 1993 $120,000 1994 $110,000 1995 through 2005, inclusive $100,000 Further, such parties shall not seek an abatement of property taxes assessed against the Project for any tax year prior to 1992. The DDA and the City agree that they will not contest an appeal by the Partnership for a reduction in the assessed valuation of the Project for tax years 1992 through 1995, inclusive, provided that such reduction does not fall below the Required -Tax Levels. 2.3 No later than December 31, 1993, the Partnership shall fully pay and cancel the Tax Certificates which have been issued by the Larimer County Treasurer for failure to pay property taxes on the Project for tax years 1990 and 1991. 2.4 In the event that real property taxes assessed against the Project are reduced by reason of a valuation challenge, abatement effort or appeal initiated by Houlihan, the Partnership or the General Partner, which reduction causes the annual property tax to fall below the Required Tax Levels for any tax year between 1992 and 2065, inclusive (the "Valuation Breach"), the Partnership, 3 for itself and its successors and assigns, agrees that it shall make a payment in lieu of taxes directly to the City in each year in which such shortfall occurs, in an amount equal to the loss of property tax revenues to the City caused by the Valuation Breach. Such sum shall be paid no later than September 1 in each year in which such a shortfall exists and, upon payment, shall be deposited into the DDA Tax Increment Fund of the City. The breach of the obligation of the Partnership to make payments in lieu of taxes as set forth herein shall constitute a default by the Partnership in the Parking Agreement (as defined in Section 4 hereinafter) and shall permit the City to thereupon unilaterally revoke the Parking Agreement. 2.5 The Partnership, Houlihan and the General Partner agree that they and their successors and assigns shall be estopped from asserting that any provision of paragraph 2 is void, voidable or in any way legally unenforceable. 3. PROJECT IMPROVEMENTS The Partnership and Houlihan shall cause a $1,100,000.00 fund to be established from proceeds from the remarketing of the Senior Bonds, which fund shall be used only for the construction of tenant improvements to the Project as needed for the benefit of its tenants and projected to be exhausted during a three-year period commencing upon execution of this Agreement. Documents shall be executed at the time of closing on the purchase of the Bonds which shall establish, to the satisfaction of the City and the DDA and consistent with this section, (1) the creation of such fund, (2) the funding thereof, (3) the availability of such fund for tenant finish improvements and (4) the right of the DDA and the City to inspect the financial records of the Partnership and Houlihan in connection with such fund for the purpose of determining compliance with the provisions of this paragraph. The execution of such documents shall be an express condition of the City's execution and delivery of the Fifth Supplemental Indenture referenced in Resolution 93-106 of the City Council of the City. 4. PARKING LOT The City contemplates entering into an agreement with the Partnership to lease certain parking lot spaces in the LaPorte America Lot, which agreement will contain substantially the following terms and conditions (the "Parking Agreement"): a. The City will provide the Partnership with fifty (50) full-time parking spaces at the LaPorte America Lot for so long as these spaces are offered by the City for parking. 4