HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/21/2000 - ITEMS RELATING TO EXPANDING THE BOUNDARIES OF THE AGENDA ITEM SUMMARY ITEM NUMBER: 38 A-B
DATE: November 21, 2000
FORT COLLINS CITY COUNCIL Alan Krcmarik
FROM: Jay Hardy
SUBJECT:
Items Relating to Expanding the Boundaries of the Fort Collins,Colorado Downtown Development
Authority and Amending the Plan of Development of the Authority.
RECOMMENDATION:
Staff recommends adoption of the Resolution and of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
A. First Reading of Ordinance No. 148, 2000, Expanding the Boundaries of the Fort Collins,
Colorado Downtown Development Authority and Amending the Plan of Development of the
Authority.
B. Resolution 2000-144 Expressing the Council's Intent With Regard to Certain Future
Expenditures for the Benefit of the Downtown Development Authority District.
Adoption of the Ordinance will expand the boundaries of the Downtown Development Authority
(DDA) District. These boundaries are contained in the Ordinance establishing the District, as
previously amended and in the Plan of Development for the DDA. The purpose of the amendment
is to include the Mulberry/L.emay Crossings property.
Adoption of the Resolution will express Council's intent with regard to the expenditure of the tax
increment revenues generated by the additional property.
BACKGROUND:
By petition,the owners of the property located at 1250 East Magnolia have requested inclusion into
the DDA District (Attachment 1). The DDA Board of Directors found the petition worthy of its
mission, while offering tremendous opportunity for the DDA to underwrite projects deemed of
highest priority to both the DDA and City of Fort Collins.Approval of this inclusion will contribute
up to 60% of the generated tax increment from the project,for the funding of the following projects
incorporated in the Poudre River Corridor Plan recently adopted by City Council.
1. Linden/Riverside intersection improvements (estimated at $1.5 million)
2. Linden Street improvements north of Riverside (estimated at $1.5-$2.0 million)
3. Partial funding for a downtown shuttle service (estimated at$200,880 - $223,200)
DATE: November 21, 2000 2 ITEM NUMBER: 38 A-B
Additional projects may be considered which are consistent with the mission of the DDA. They
could potentially include, but are not limited to:
1. Mulberry/Lemay Roundabout
2. Vine and Lemay relocation studies per the Master Street Plan
3. Other projects yet to be determined
As with any DDA project,City Council appropriation of funds is required after recommendation by
the DDA Board, once funding has been identified. This process would occur for any additional
projects in which the DDA is involved.
If City Council determines that this property should be included in the DDA District, it must adopt
the attached Ordinance, which amends the legal description contained in Ordinance No. 46, 1981
(as amended by the amending Ordinances), as well as the legal description in the Plan of
Development. When these amendments become effective,the additional property will be included
within the DDA District and will be subject to a division of taxes as provided in the DDA statute.
The City will then distribute the tax increment revenues to be used by the DDA for the purposes
stated above.
The Ordinance contains a finding that the proposed modification of the Plan of Development is not
substantial. This finding is based upon the following:
1. The amendment of the Plan changes only the District boundaries and does not affect the
other provisions of the Plan.
2. The amendment to the District boundaries does not substantially increase either the assessed
valuation of the property in the existing District or the size of the District.
Resolution 2000-144 is intended to state the intent of the DDA and City Council to use the tax
increment revenues from this project for the purposes stated above.
Attachment 2 shows an estimate of the tax increment revenues from the Mulberry/Lemay Crossings
property beginning in 2001 and ending in 2006. It also shows the mill levy revenues for the District.
Attachment 3 is a copy of a letter from Don Unger,Superintendent of Schools for the Poudre School
District,indicating that the School District has no objection to the proposed expansion of the DDA
boundaries.
Attachment 4 is a copy of DDA Board of Directors Resolution 00-04, which contains the Board's
recommendation for approval of the inclusion of the Mulberry/Lemay Crossings property in the
DDA District,and for expenditure of up to 60%of the tax increment revenues that will be generated
by that property.
Attachment 5 is a map of the proposed boundaries of the DDA District including the
Mulberry/Lemay Crossings property..
ORDINANCE NO. 148, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
EXPANDING THE BOUNDARIES OF THE FORT COLLINS, COLORADO
DOWNTOWN DEVELOPMENT AUTHORITY AND AMENDING THE
PLAN OF DEVELOPMENT OF THE AUTHORITY
WHEREAS, on April 21, 1981, the Council of the City of Fort Collins adopted Ordinance
No. 46, 1981,creating a Downtown Development Authority(the "Authority") and establishing the
boundaries of the Downtown Development District(the 'District"); and
WHEREAS, on September 8, 1981, by Resolution 81-129, the City Council approved the
Fort Collins Downtown Development Authority Plan of Development(the"Plan of Development"),
which also describes the boundaries of the District; and
WHEREAS,under Section 31-25-822,C.R.S.,subsequent to the organization of a downtown
development authority,additional property may be included in the district of the authority,pursuant
to a petition signed by the owner or owners in fee of each parcel of land adjacent to the existing
district sought to be included; and
WHEREAS, if the board of directors of the authority approves said application, the board
of directors is to then submit the application to the governing body of the municipality in which the
district is contained and, if the governing body also approves the application, it is to amend the
ordinance creating the Authority so as to include the additional property as described in the petition;
and
WHEREAS, under Section 31-25-807(c), the Council must hold a public hearing on any
substantial modification of an approved plan of development after public notice as prescribed in said
statute; and
WHEREAS,the City Council has,on four previous occasions, amended Ordinance No.46,
1981, by adopting Ordinances No. 162, 1981, No. 2, 1982, No. 2, 1993, and No. 199, 1998 (the
"Amending Ordinances"); and
WHEREAS,none of the Amending Ordinances substantially expanded the size of the District
or changed the objectives and purposes,priorities,facts and findings,or other essential components
of the Plan of Development; and
WHEREAS,the Board of Directors of the Authority(the'Board")has received a petition to
include in the District the property located at 1250 East Magnolia,known as the "Mulberry/Lemay
Crossing," which property is described on Exhibit"A," attached hereto and incorporated herein by
this reference; and
WHEREAS, the Board has determined that the addition of this property would further the
objectives and purposes of the District as contained in the Plan of Development and has, by
Resolution 2000-04, recommended approval of said annexation petition by the City Council; and
WHEREAS, in order for the Mulberry/Lemay Crossings property to meet the statutory
requirement for contiguity with the existing District, it is necessary that the City agree to include
certain property owned by the City into the District, which property is described on Exhibit 'B",
attached hereto and incorporated herein by this reference; and
WHEREAS, the addition of the aforesaid properties to the District would neither
substantially increase the size of the District nor,in any other respect,substantially modify the Plan
of Development.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
'Section 1. That the Council hereby approves the inclusion of the Mulberry/Lemay
Crossing property into the boundaries of the District and finds that such inclusion is in the best
interests of the City and will not substantially modify the Plan of Development.
Section 2. That the Council hereby also approves the inclusion of the City property into
the boundaries of the District and finds that such inclusion is in the best interests of the City and will
not substantially modify the Plan of Development.
Section 3. That Section 3 of Ordinance No. 46, 1981 (as amended by the Amending
Ordinances)be, and hereby is,further amended by deleting the legal description contained therein,
which description establishes the boundaries of the District, and by substituting the following
therefor:
BEGINNING AT THE CENTER OF INTERSECTION OF COLLEGE AVENUE AND
LAUREL STREET; THENCE WESTERLY TO THE INTERSECTION OF THE
CENTERLINE OF LAUREL STREET WITH THE CENTERLINE OF THE ALLEY IN
BLOCK 116 EXTENDED; THENCE NORTHERLY ALONG THE CENTERLINE OF
THE ALLEYS IN BLOCKS 116 AND 115 TO THE CENTER OF MULBERRY STREET;
THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF
MULBERRY STREET AND HOWES STREET; THENCE NORTHERLY TO THE
INTERSECTION OF HOWES STREET AND MAGNOLIA STREET; THENCE
WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MAGNOLIA
STREET AND MELDRUM STREET; THENCE SOUTHERLY ALONG SAID
CENTERLINE TO THE INTERSECTION OF MELDRUM STREET AND MULBERRY
STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE
INTERSECTION OF MULBERRY STREET AND WHITCOMB STREET; THENCE
NORTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF WHITCOMB
STREET AND MAGNOLIA STREET; THENCE EASTERLY ALONG SAID
CENTERLINE TO THE INTERSECTION OF MAGNOLIA STREET, SHERWOOD
STREET, AND CANYON AVENUE; THENCE NORTHEASTERLY ALONG THE
CENTERLINE OF CANYON AVENUE TO THE INTERSECTION OF SAID
CENTERLINE AND THE LOT LINE BETWEEN LOT 5 AND LOT 6 OF BLOCK 83
EXTENDED; THENCE NORTHWESTERLY ALONG SAID LOT LINE 123.1 FEET;
2
. THENCE NORTHWESTERLY 86 FEET TO A POINT 50 FEET EASTERLY FROM THE
NORTHWEST CORNER OF BLOCK 83; THENCE NORTHERLY 50 FEET TO THE
CENTERLINE OF OLIVE STREET;THENCE EASTERLY TO THE INTERSECTION
OF THE CENTERLINE OF OLIVE STREET,AND THE EXTENSION OF CENTERLINE
OF ALLEY IN BLOCK 82;THENCE NORTHERLY ALONG ALLEY CENTERLINES
THROUGH BLOCKS 82, 81, TO THE CENTERLINE OF MOUNTAIN AVENUE;
THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF
SAID CENTERLINE AND CENTERLINE OF SHERWOOD STREET; THENCE
NORTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF A LINE 1-1/2
FEET NORTH OF THE NORTH LINE OF LOT 14,BLOCK 51 AND THE CENTERLINE
OF SHERWOOD STREET;THENCE EASTERLY ALONG LINE 1-1/2 FEET NORTH
OF SAID LOT 14 TO THE CENTERLINE OF THE NORTH-SOUTH ALLEY IN BLOCK
51;THENCE SOUTHERLY TO THE INTERSECTION OF ALLEY CENTERLINE AND
NORTH LOT LINE OF LOT 5,BLOCK 51 EXTENDED;THENCE EASTERLY ALONG
SAID LOT LINE TO THE CENTERLINE OF MELDRUM STREET; THENCE
NORTHERLY ALONG SAID CENTERLINE TO THE SOUTHERLY RIGHT-OF-WAY
LINE OF THE COLORADO AND SOUTHERN RAILROAD; THENCE
NORTHWESTERLY,ALONG SAID RIGHT-OF-WAY LINE,TO THE CENTERLINE
OF SHERWOOD STREET;THENCE NORTHERLY ON SAID CENTERLINE TO THE
INTERSECTION OFELM STREETAND SHERWOOD STREET;THENCEEASTERLY
ALONG THE NORTH LINE OF BLOCKS 55, 45, AND 35 TO THE NORTHEAST
CORNEROF BLOCK35;THENCE NORTHERLY TOTHENORTHWESTCORNER OF
BLOCK 26;THENCE EASTERLY ALONG THE NORTH LINE OF BLOCK 26,TO THE
CENTERLINE OFCOLLEGE AVENUE;THENCE CONTINUING EASTERLY ALONG
. THE CENTERLINE OF VINE DRIVE TO THE NORTH 1/4 CORNER OF SECTION 12,
T7N, R69W OF THE SIXTH P.M.; THENCE SOUTHERLY ALONG THE EAST LINE
OF THE WEST 1/2 OF SAID SECTION 12 TO THE WESTERLY PROLONGATION OF
THE NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE;THENCE ALONG THE
SAID NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE,EASTERLY TO THE
NORTHERLY PROLONGATION OF THE EASTERLY RIGHT OF WAY OF SOUTH
LEMAY AVENUE; THENCE ALONG THE SAID EASTERLY RIGHT OF WAY OF
SOUTH LEMAY AVENUE, SOUTHERLY TO THE SOUTHWEST CORNER OFTHE
BUFFALO RUN APARTMENTS P.U.D.;THENCE(CONSIDERING THE WEST LINE
OF THE SOUTHWEST QUARTER OF SAID SECTION 7, AS BEARING NORTH 00
DEGREES 34 MINUTES 55 SECONDS EAST AND WITH ALL BEARINGS
CONTAINED HEREIN RELATIVE THERETO),RUNNING ALONG THE SOUTH LINE
OF SAID BUFFALO RUN APARTMENTS P.U.D.THE NEXT FIVE(5)COURSES: 1)
72 DEGREES 53 MINUTES 48 SECONDS EAST, A DISTANCE OF 93.02 FEET; 2)
ALONG THE ARC OF A 465.50 FOOT RADIUS CURVE TO THE RIGHT THROUGH
A CENTRAL ANGLE OF 38 DEGREES 32 MINUTES 55 SECONDS, AN ARC
DISTANCE OF 313.19 FEET HAVING A CHORD BEARING OF SOUTH 87 DEGREES
49 MINUTES 44 SECONDS EAST, A DISTANCE OF 307.32 FEET; 3) SOUTH 68
DEGREES 33 MINUTES 17 SECONDS EAST, A DISTANCE OF 498.09 FEET; 4)
ALONG THE ARC OF A 134.50 FOOT RADIUS CURVE TO THE LEFT THROUGH A
CENTRAL ANGLE OF 34 DEGREES, 58 MINUTES 05 SECONDS; AN ARC
DISTANCE OF 82.09 FEET,HAVING A CHORD BEARING OF SOUTH 86 DEGREES
02 MINUTES 19 SECONDS EAST, A DISTANCE OF 80.82 FEET; 5) NORTH 80
• 3
DEGREES 27 MINUTES 41 SECONDS EAST,ALONG SAID SOUTH LINE AND ITS
EASTERLY EXTENSION, A DISTANCE OF 114.77 FEET TO THE WEST LINE OF
THAT TRACT OF LAND DESCRIBED AT RECEPTION NO. 89022270; THENCE
SOUTH 00 DEGREES 38 MINUTES 00 SECONDS WEST ALONG SAID WEST LINE
A DISTANCE OF 679.49 FEET; THENCE SOUTH 89 DEGREES 23 MINUTES 00
SECONDS WEST A DISTANCE OF 120.53 FEET;THENCE SOUTH 00 DEGREES 24
MINUTES 00 SECONDS WEST A DISTANCE OF 921.52 FEET;THENCE NORTH 89
DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 205.59 FEET THENCE
SOUTH 00 DEGREES 22 MINUTES 00 SECONDS WEST A DISTANCE OF 136.39
FEET THEN NORTH 89 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE
OF 60.00 FEET;THENCE SOUTH 00 DEGREES 22 MINUTES 00 SECONDS WEST,A
DISTANCE OF 208.73 FEET TO A POINT ON THE NORTH LINE OF COLORADO
HIGHWAY 14, AND A POINT ON A NON-TANGENT CURVE TO THE LEFT,
THENCE RUNNING ALONG SAID NORTH LINE THE NEXT TWO(2)COURSES; 1)
ALONG THE ARC OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF
00 DEGREES 04 MINUTES 18 SECONDS HAVING A RADIUS OF 11,585 FEET AN
ARC DISTANCE OF 14.48 FEET ACHORD BEARING OF NORTH 89 DEGREES 33
MINUTES 00 SECONDS WEST, A DISTANCE OF 14.48 FEET; 2) NORTH 89
DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 645.85 FEET TO THE
INTERSECTION OF SAID NORTH LINE AND THE EAST RIGHT OF WAY LINE OF
SOUTH LEMAY AVENUE; THENCE CONTINUING ALONG THE SAID NORTH
RIGHT OF WAY OF EAST MULBERRY STREET, WESTERLY TO THE WESTERLY
RIGHT OF WAY OF THE SAID SOUTH LEMAY AVENUE; THENCE ALONG THE
SAID WESTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE,NORTHERLY TO
THE SOUTH RIGHT OF WAY OF THE SAID EAST LINCOLN AVENUE; THENCE
ALONG THE SAID SOUTH RIGHT OF WAY OF EAST LINCOLN AVENUE,
WESTERLY TO THE SAID EAST LINE OF THE WEST HALF OF SECTION 12;
THENCE ALONG THE SAID EAST LINE OF THE WEST HALF OF SECTION 12,
SOUTHERLY TO THE INTERSECTION WITH THE CITY OF FORT COLLINS CITY
LIMITS LINE; THENCE WESTERLY ALONG SAID CITY LIMITS TO THE
SOUTHWESTERLY BANK OF THE CACHE LA POUDRE RIVER; THENCE
CONTINUING ALONG SAID CITY LIMITS AND BANK OF RIVER
SOUTHEASTERLY TO THE INTERSECTION WITH THE SAID EAST LINE OF WEST
1/2 OF SECTION 12; THENCE CONTINUING ALONG SAID CITY LIMITS
SOUTHERLY TO THE NORTHERLY RIGHT-OF-WAY OF RIVERSIDE AVENUE AS
ORIGINALLY PLATTED,SAID RIGHT-OF-WAY ALSO BEING THE CITY LIMITS;
THENCE SOUTHEASTERLY ALONG SAID CITY LIMITS TO THE SOUTHERLY
RIGHT-OF-WAY OF MULBERRY STREET; THENCE WESTERLY ALONG SAID
SOUTHERLY RIGHT-OF-WAY TO THE WESTERLY RIGHT-OF-WAY OF
RIVERSIDE AVENUE; THENCE NORTHWESTERLY ALONG SAID WESTERLY
RIGHT-OF-WAY TO THE SOUTHERLY RIGHT-OF-WAY OFMOUNTAINAVENUE;
THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY TO THE
PROPERTY LINE BETWEEN LOTS 3 AND 4 OF BLOCK 141;THENCE SOUTHERLY
ALONG SAID LOT LINE TO THE CENTER OF THE ALLEY IN BLOCK 141;THENCE
WESTERLY ALONG CENTER OF SAID ALLEY TO A POINT 20 FEET WEST OF THE
NORTHEAST CORNER OF LOT 17,BLOCK 141;THENCE SOUTHERLY ALONG A
LINE PARALLEL TO AND 20 FEET WESTERLY FROM THE EAST LINE OF SAID
4
LOT 17, TO THE CENTER OF OAK STREET; THENCE WESTERLY ALONG THE
CENTERLINE OF OAK STREET TO THE INTERSECTION OF SAID CENTERLINE
AND THE EXTENSION OF THE CENTERLINE OF AN ALLEY IN BLOCK 132;
THENCE SOUTHERLY ALONG THE CENTERLINE OF SAID ALLEY TO A POINT
OPPOSITE THE NORTH LINE OF LOT 5;THENCE EASTERLY ALONG THE NORTH
LINE OF LOT 5 TO THE CENTER OF MATHEWS STREET;THENCE SOUTHERLY
ALONG THE CENTER OF MATHEWS STREET TO A POINT OPPOSITE THE SOUTH
LINE OF LOT 5;THENCE WESTERLY ALONG THE SOUTH LINE OF LOT 5 TO THE
CENTERLINE OF THE NORTH-SOUTH ALLEY IN BLOCK 132; THENCE
SOUTHERLY ALONG SAID ALLEY TO A POINT 10 FEET SOUTH OF THE
NORTHWEST CORNER OF LOT 2;THENCE EASTERLY AND PARALLEL TO THE
NORTH LINE OF LOT 2 TO THE CENTERLINE OF MATHEWS STREET;THENCE
SOUTHERLY ALONG THE CENTERLINE OF MATHEWS STREET TO A POINT
OPPOSITE THE SOUTH LINE OF LOT 4,BLOCK 133;THENCE WESTERLY ALONG
THE SOUTH LINE OF LOT 4 TO THE CENTERLINE OF THE NORTH-SOUTH ALLEY
IN BLOCK 133;THENCE NORTHERLY ALONG SAID ALLEY TO THE CENTERLINE
OF EAST OLIVE STREET;THENCE WESTERLY TO THE INTERSECTION OF EAST
OLIVE STREET AND REMINGTON STREET;THENCE SOUTHERLY ALONG SAID
CENTERLINE TO A POINT OPPOSITE THE NORTH LINE OF LOT 15,BLOCK 133;
THENCE EASTERLY ALONG THE NORTH LINE OF LOT 15 TO THE CENTERLINE
OF THE NORTH-SOUTH ALLEY IN BLOCK 133; THENCE SOUTHERLY ALONG
SAID ALLEY TO THE CENTERLINE OF EAST MAGNOLIA STREET; THENCE
WESTERLY TO THE INTERSECTION OF EAST MAGNOLIA STREET AND
REMINGTON STREET;THENCE SOUTHERLY ALONG SAID CENTERLINE TO THE
• INTERSECTION OF REMINGTON STREET AND MULBERRY STREET; THENCE
WESTERLY ALONG THE CENTERLINE OF MULBERRY STREET TO THE
INTERSECTION OF THE EXTENSION OF THE CENTERLINE OF THE ALLEY IN
BLOCK 125; THENCE SOUTHERLY ON CENTERLINES OF ALLEYS THROUGH
BLOCKS 125 AND 126 TO THE CENTERLINE OF LAUREL STREET; THENCE
WESTERLY ON SAID CENTERLINE TO THE POINT OF BEGINNING.
SUCH PROPERTY AS CONTAINED IN THE FOREGOING DESCRIPTION IS
FURTHER DESCRIBED BY LOTS AND BLOCKS AS FOLLOWS:
BLOCK E,F,G; BLOCK 1,2,3,4,6,7,8,9, 10, 11, 12, 13, 14, 15, 18, 19, 21, 22,23, 24,
25,26, 31,32, 33,34,35,41,42,43,44,45,55,EXCEPT THE PORTION SOUTHWEST
OF THE SOUTHERLY RIGHT-OF-WAY OF THE C&S RAILROAD,74,84,91,92,93,
101, 102, 103, 104, 111, 112, 113, 114, 121, 122, 123, 124, 131;LOTS 1,2,3,4,5, 14, 15,
16, 17, 18, 19, AND THE SOUTHERLY 1-1/2 FEET OF LOT 13 OF BLOCK 51; THE
EAST 1/2 OF BLOCK 81, THE EAST 1/2 OF BLOCK 82; LOTS 1, 2, 3, 4 AND 5
EXCEPT THE PORTION IN THE NORTHWEST CORNER OF BLOCK 83;THE EAST
1/2 OF BLOCK 115;THE EAST 1/2 OF BLOCK 116;THE WEST 1/2 OF BLOCK 125;
THE WEST 1/2 OF BLOCK 126; THE WEST 1/2 AND LOTS 1 AND 2 LESS THE
NORTHERLY 10 FEET OF LOT 2 AND LOT 5 OF BLOCK 132;LOTS 4, 5, 6,7, 8, 15,
16 OF BLOCK 133;LOTS 4,5,6,7, 8,9, 10, 11, 12, 13, 14, 15, 16,AND THE WEST 30
FEET OF LOT 17 OF BLOCK 141;AND ALL OF THE NORTHWEST 1/4 OF SECTION
12, TOWNSHIP 7 NORTH, RANGE 69 WEST, NOT PREVIOUSLY MENTIONED;
. 5
ALSO ALL OF THE RAILROAD RIGHTS-OF-WAY LOCATED IN THE SOUTHWEST
1/4 OF SECTION 12,TOWNSHIP 7 NORTH,RANGE 69 WEST;ALL IN THE CITY OF
FORT COLLINS, COLORADO, ACCORDING TO THE TOWN PLAT DATED
JANUARY 16, 1873,AND RECORDED JANUARY 18, 1873,IN THE OFFICE OF THE
LARIMER COUNTY CLERK AND RECORDER.
Section 4. That the Plan of Development is hereby amended by the Council so as to
delete the legal description for the Downtown Development Authority boundary contained on page
3 thereof, and to substitute therefor the legal description contained in Section 3 of this Ordinance.
Introduced and considered favorably on first reading and ordered published this 21 st day of
November, A.D. 2000, and to be presented for final passage on the 19th day of December, A.D.
2000.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of December, A.D. 2000.
Mayor
ATTEST:
City Clerk
6
EXHIBIT A
Page 1 of 2
MULBERRY/LEMAY CROSSINGS PROPERTY
LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 7,
TOWNSHIP 7 NORTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN,
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 7,AS
BEARING NORTH 00 DEGREES 34 MINUTES 55 SECONDS EAST AND WITH
ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO: COMMENCING
AT THE SOUTHWEST CORNER OF SAID SECTION 7; THENCE ALONG THE
WEST-LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7, NORTH 00
DEGREES 34 MINUTES 55 SECONDS EAST, 2827.53 FEET TO THE WEST
QUARTER CORNER OF SAID SECTION 7; THENCE DEPARTING SAID LINE,
• SOUTH 34 DEGREES 02 MINUTES 15 SECONDS EAST, 555.26 FEET TO THE
POINT OF BEGINNING, SAID POINT BEING THE SOUTHWEST CORNER OF
BUFFALO RUN APARTMENTS P.U.D. THENCE RUNNING ALONG THE SOUTH
LINE OF SAID BUFFALO RUN APARTMENTS P.U.D. THE NEXT FIVE (5)
COURSES: 1) 72 DEGREES 53 MINUTES 48 SECONDS EAST, A DISTANCE OF
93.02 FEET; 2) ALONG THE ARC OF A 465.50 FOOT RADIUS CURVE TO THE
RIGHT THROUGH A CENTRAL ANGLE OF 38 DEGREES 32 MINUTES 55
SECONDS, AN ARC DISTANCE OF 313.19 FEET HAVING A CHORD BEARING
OF SOUTH 87 DEGREES 49 MINUTES 44 SECONDS EAST, A DISTANCE OF
307.32 FEET; 3) SOUTH 68 DEGREES 33 MINUTES 17 SECONDS EAST, A
DISTANCE OF 498.09 FEET; 4) ALONG THE ARC OF A 134.50 FOOT RADIUS
CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 34 DEGREES, 58
MINUTES 05 SECONDS; AN ARC DISTANCE OF 82.09 FEET, HAVING A CHORD
BEARING OF SOUTH 86 DEGREES 02 MINUTES 19 SECONDS EAST, A
DISTANCE OF 80.82 FEET; 5) NORTH 80 DEGREES 27 MINUTES 41 SECONDS
EAST, ALONG SAID SOUTH LINE AND ITS EASTERLY EXTENSION, A
DISTANCE OF 114.77 FEET TO THE WEST LINE OF THAT TRACT OF LAND
DESCRIBED AT RECEPTION NO. 89022270. THENCE SOUTH 00 DEGREES 38
MINUTES 00 SECONDS WEST ALONG SAID WEST LINE A DISTANCE OF
679.49 FEET; THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS WEST A
DISTANCE OF 120.53 FEET; THENCE SOUTH 00 DEGREES 24 MINUTES 00
. SECONDS WEST A DISTANCE OF 921.52 FEET; THENCE NORTH 89 DEGREES
EXHIBIT A
Page 2 of 2
38 MINUTES 00 SECONDS WEST A DISTANCE OF 205.59 FEET THENCE
SOUTH 00 DEGREES 22 MINUTES 00 SECONDS WEST A DISTANCE OF 136.39
FEET THEN NORTH 89 DEGREES 38 MINUTES 00 SECONDS WEST A
DISTANCE OF 60.00 FEET; THENCE SOUTH 00 DEGREES 22 MINUTES 00
SECONDS WEST, A DISTANCE OF 208.73 FEET TO A POINT ON THE NORTH
LINE OF COLORADO HIGHWAY 14, AND A POINT ON A NON-TANGENT
CURVE TO THE LEFT, THENCE RUNNING ALONG SAID NORTH LINE THE
NEXT TWO (2) COURSES; 1) ALONG THE ARC OF A CURVE TO THE LEFT
THROUGH A CENTRAL ANGLE OF 00 DEGREES 04 MINUTES 18 SECONDS
HAVING A RADIUS OF 11,585 FEET AN ARC DISTANCE OF 14.48 FEET
ACHORD BEARING OF NORTH 89 DEGREES 33 MINUTES 00 SECONDS WEST,
A DISTANCE OF 14.48 FEET; 2)NORTH 89 DEGREES 38 MINUTES 00 SECONDS
WEST A DISTANCE OF 645.85 FEET TO THE INTERSECTION OF SAID NORTH
LINE AND THE EAST RIGHT OF WAY LINE OF SOUTH LEMAY AVENUE.
THENCE RUNNING ALONG SAID EAST RIGHT OF WAY LINE THE NEXT TWO
(2) COURSES. 1) NORTH 01 DEGREES 36 MINUTES 06 SECONDS EAST, A
DISTANCE OF 1742.58 FEET. 2) ALONG THE ARC OF A CURVE TO THE LEFT
THROUGH A CENTRAL ANGLE OF 19 DEGREES 53 MINUTES 59 SECONDS
WITH A RADIUS OF 1030.93 FEET. AN ARC DISTANCE OF 358.06 FEET. A
CHORD BEARING OF NORTH 08 DEGREES 00 MINUTES 52 SECONDS WEST, A
DISTANCE OF 356.26 FEET TO THE POINT OF BEGINNING, CONTAINING
1,854,122 SQUARE FEET OR 42.56 ACRES, MORE OR LESS.
. EXHIBIT B
DESCRIPTION OF THE CITY-OWNED PROPERTY TO BE INCLUDED IN THE FORT COLLINS,
COLORADO,DOWNTOWN DEVELOPMENT AUTHORITY DISTRICT:
BEGINNING AT A POINT ON THE EXISTING EASTERLY BOUNDARY OF THE DOWNTOWN
DEVELOPMENT AUTHORITY DISTRICT AT THE INTERSECTION OF THE NORTH RIGHT OF
WAY OF EAST LINCOLN AVENUE WITH THE EAST LINE OF THE WEST HALF OF SECTION 12
TOWNSHIP 7 NORTH RANGE 69 WEST OF THE SIXTH P.M., SAID POINT BEING THE TRUE
POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE ALONG THE SAID NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE,EASTERLY
TO THE NORTHERLY PROLONGATION OF THE EASTERLY RIGHT OF WAY OF SOUTH LEMAY
AVENUE;
THENCE ALONG THE SAID EASTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE,
SOUTHERLY TO THE NORTH RIGHT OF WAY OF EAST MULBERRY STREET;
THENCE ALONG THE SAID NORTH RIGHT OF WAY OF EAST MULBERRY STREET WESTERLY
TO THE WESTERLY RIGHT OF WAY OF THE SAID SOUTH LEMAY AVENUE;
THENCE ALONG THE SAID WESTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE,
NORTHERLY TO THE SOUTH RIGHT OF WAY OF THE SAID EAST LINCOLN AVENUE;
THENCE ALONG THE SAID SOUTH RIGHT OF WAY OF EAST LINCOLN AVENUE, WESTERLY
TO THE SAID EAST LINE OF THE WEST HALF OF SECTION 12;
THENCE ALONG THE SAID EAST LINE OF THE WEST HALF OF SECTION 12,NORTHERLY TO
THE POINT OF BEGINNING.
. RESOLUTION 2000-144
OF THE COUNCIL OF THE CITY OF FORT COLLINS
EXPRESSING THE COUNCILS INTENT WITH REGARD TO
CERTAIN FUTURE EXPENDITURES FOR THE BENEFIT OF
THE DOWNTOWN DEVELOPMENT AUTHORITY DISTRICT
WHEREAS, the City Council has this same date approved on first reading Ordinance No.
148, 2000,which would extend the boundaries of the Downtown Development Authority("DDA")
District through the inclusion of the Mulberry-Lemay Crossings property(the 'Property"); and
WHEREAS, the inclusion of this additional property in the DDA District will increase the
tax increment revenues available to the DDA Board of Directors and the City Council for
expenditure for DDA purposes until the present division of taxes from properties within the DDA
boundaries ends in the year 2006; and
WHEREAS,all proposed expenditures of such tax increment revenues are governed by the
provisions of Section 31-25-801 et seq. of the Colorado Revised Statutes, which provisions state,
in relevant part, that tax increment revenues are to be used for the payment of the principal of, the
interest on, and any premiums due in connection with any indebtedness incurred by the City for
financing or refinancing,in whole or in part,development projects within the boundaries of the Plan
of Development for the District; and
• WHEREAS, any such proposed expenditures must be included in the annual budget for the
District and approved by the City Council, pursuant to the recommendation of the DDA Board of
Directors; and
WHEREAS,the Council wishes to express its intention with regard to the expenditure of the
additional tax increment revenues to be generated by the inclusion of the Property in the District;and
WHEREAS,the Council has,upon recommendation of the Executive Director of the DDA,
identified certain projects that it believes would substantially benefit the DDA District and would
be appropriate for the expenditure of the tax increment revenues generated by the Property.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That,subject to the appropriation of the necessary funds,the Council believes
that up to 60%of the anticipated tax increment revenues from the Property should be used in support
of the following projects:
• Linden/Riverside intersection improvements (estimated at $1.5 million)
• Linden Street improvements north of Riverside (estimated at $1.5-$2.0 million)
• Partial funding for a downtown shuttle service (estimated at $200,880 - $223,200)
•
Section 2. That, subject to the appropriation of the necessary funds, the balance of the
tax increment revenues generated by the Property should be used for additional projects that are
consistent with the mission of the DDA and the Plan of Development for the District,which projects
could potentially include,without limitation,the Mulberry/I.emay roundabout and the Vine/Lemay
relocation studies referenced in the City's Master Street Plan.
Passed and adopted at a regular meeting of the City Council held this 21 st day of November,
A.D. 2000.
Mayor
ATTEST:
City Clerk
ATTACHMENT 1
PAGE 1 OF 3
O :J
O O PETITION FOR ANNEXATION OF PROPERTY
y} TO
THE FORT COLLiN3.COIARADO,
4111 DOWNTOWN DEVELOPUMM AUTHORITY DISTRICT
The undamigned. FT. COLLINS PARTNERS L LLC, a Colorado 0rotted IlabdLLy company.
being the owner of the reel property daeribed an Wittbit 'A• atimbew hereto and WArpotwed
herein by rdeteace Tthe Property 1. does hereby I the Fort Couilm Colorado. Downtown
I DeeeloPIEWU Authority Dastrict to include the Property within the Distrlor
w DATED this ZZ day of V 'V .2000.
raw W
WFT.C PARTNERS 1.LLC.�
U BY; Goldberg
Property Aesociaha.Inc.
1 A a Colorado co pmwlon.!b sale
W W
W E
O �
,'y ,-p Uerg.Vke PresWsot
STATE OF COLORADO 1
OOJ COUNTY OF 1J. 1L� es
Ln 1114
fnregeing instrument wu acknowledged hdore me thla oar pFt Y pG
.. y 2000. by MARK A. OOIDBERO. as Vice President of GOLDSERD PROPERTY ASSOCIATES, o O;' '••.B
u7 O Colorado c0nmarlon. cols member of ITT. COLLINS PARTNERS 1. LLC. a Colorado Nmttad t�•' '��
,10 company.
v ! TMMyESALE
004 Warr
ens my hand and omcul eaL ERS
o CA t9t'.
My cotomWlon expires: 9 '
a a
Noruy
o a CONSENT
W
O OA The undesWrd.WAL-MART REAL ESTATE BUSINESS TRUST. a Dela
Kenn` the contract purchaser of a portion of the Property. hereby contents to the
O r) foregoing Petition to larlude the Property within the Fort Coutos. Colorado, Downtown Development
m :.T Authority Dis i t.
,Ii a
d DATED this_asy at aaoo.
oz
oW
O C7 WAL-MARE REAL ZMAT8 BUSINESS TRUST.
tV W a Delaware hualness trust
>e i
W
E jz O BY.a a STATE OF 4XXAfS4S
1
a T COUNTY OF Sfr Tov l 14.
nano, by ae this� y
AL-IMARr REAL ESTATE
BUSINESS TRUST.a DeLLwere butinm arrat.
wtmesa my hand and eMcial tesl.
my commladmr expires:
" NOTARY SEAL
KIN PhiM'TPS,Notary PubNC .otary tic
Benton Cm*,State of Arl=us
MMyCWMMionEEx0reS^tp/UAW
Ep ro a terms o
,
NAL-MA E EAM
Date
ATTACHMENT
PAGE 2 OF 3
Attachment for Petition for Annexation
This Petition for Annexation may be executed in counterparts,each Of which so executed shall,irrespective
of the date of its execution and delivery, be deemed an original, and said counterparts together shall
constitute one and the same instrument This Petition for annexation may also be executed by way of
facsimile signature and such signature shall be sufficient to bind the party so executing this Petition for
Annexation. Such parry shall thereafter promptly forward a confirming copy of such facsimile signature to
the other party.
ATTACHMENTI
PAGE 3 OF 3
EXKBIT A
SHEET : of ,
FISHER ?ROm$ ,
LEGAL OESCRIP,70N
A 7RAMCT CF ;.AND LOCATED IN 1NF 50U TMIN�^T CLIART>LR OF SECTION 7. TOWNSHIP 7
NOR NH, RANGE BE WE57 OF THE 87N PRINCIPAL MERIDIAN, CITY F
FOLLOWS.OF 1•ARIMER, STATt of C LORADO, WIND MORE PARTIC RAR�DESCRIBED AS
CCNSIOERING THE WEST LINE OF THE SOUTHWEST ouARTER OF SAID SECTION 7 AS
BEARING NORTH DD DECREES 34 URSn g 55 SECONDS OAST ANp WITH ALL 7 BEARINGS
SAO CONTAINED HEREIN THENCE
RELATIVE . G RE70 COMMENCING AT THE SOUTHWEST CORNER or
SECTION 7,CNORTi{ OO ALONG THE-WEST-UNE OF THE SOUTHWEST QUARTER OF SAID
CUARNU CORNER OF S��S 55 'LUTES 55 SECONDS EAST, 2827"53 FEET TO THE WEST
02 MINUTES t5 SECTION 7: THENCE DEPARTING SAID {y1E,.5pLIT}{ 34 DEGREES
SECONDS +T1 555.2E FEET To THE PaNT OF M 8ENENIi1NG, SAID PENT
BEING THE SOUTH CORNEA OF BUFFALO RUN APARTMENTS P.U.0: •1HENCE RUNNING
ALONG THE SONG LINE OF SAID BUFFALO RUN.APARTMENTS P.U.O. THE NEXT FI (S)
COURSE t J NORTH 72 DECx4t+5 S3 MINUTES 48 SECONDS EAST. A.DISTANCE of ti) 02
FEET: 21 ALONG THE ARC OF A 44&50 FOOT RADIUS CURVE TO THE -T)tST
CENTRAL ANGLE OF 38 pE MINUTES 5B SECONDS AN ARC HE MOR-T-TH OUGH 19
• FEET, HAVING A CHORD BEARING Of.S0U1H'87 DEGREES 4S MINUTES 44 OF S EAST, A
DISTANCE OF 307.32 FEET:. 3) SOUTH 60 DECREES 33 MINUTES.f7
DISTANCE OF Aiias-�:. 4 Zma iMIE. ARC..OF A t34 S0 S-1 .'SEC1O5 EAST k OHROUCBI F C�ITRAL ANGLE OF 34 DEGREES.JB MINUTES 05 RADIUS-CURVE 7'O.7Hf LEFT
EAST?A�p15TAryt�' ARC DISTANCE
OF EO.tl2 F•�7B5 T eEARINC OF 0 oC0A $E S SECONDS:, AN
I SECONDS
ALONG SAID SDUhI LINE AND fT3 EASTERLY OCiEHSION, A 015TANCf:OF 11SEC FDST MT'
THE WES00 T LINE EE THAT TRACT-OF LANO`OE3iCld 4D AT RECESA N ,o 114.7o. 2 F .THENCE
OF 679 4 DECpeEES'38 MINUTES 00 SECONDS. WEST. ALONG SAID'WEST-LINE A OISfA Nd
OF 120.43- THENCE SOUTH 84•-DEGREESS 23 MINUTES 00 SECONDS :�WlST, A O15TANCE
OF n21.S2 FEET; THENCE SOUTH Co DECREES 24 MINUTES 00 SECONDS: WEST, A DISTANCE
OF 205.59 Ft:pT; THENCE NORTH E4 aEGJ1Ef5.]tt MINUTES DO SECONDS WEB-, A DISTANCE
THENCE SOUTH 0D DEGREES 22 MINUTES DO SECONDS WES , A OISTANC2
OF 13b.34 FEET; IN NORTH B4 DEGREES 36 MINUTES 00 SECONDS W15, A DISTANCE
OF' 80.00 FEET:' 1HDdCE SOUTH co.DEGREES 22 MINUTES 00 SECONDS WEST, k DISTANCE
OF A NO114 FEET 1N A POINT o H E NORTH LINE OF COIORADO HIGFDYAY 14 AND A POW7
ON A NON-TANGENT CURVE L THE LEM THENCE RUNNING ALONG'SAID NORTH UNE. THE
NANGLE OF EXT TWO (2) CEIRSE3: i) ALONG THE ARC OF A CURVE TO THE LERT THROUGH A CENTRAL SECONDS WEST A ARC OISTANCEO FEAT, q CHORD REARING OF HAVING
A}{ US or 11,5BS.Q0 FEET AN
DISTSECONDS WEST, A OL4TANCE OF 14.48 ANCE OF 64=:86 :_2) NORTH .� DEE S MTES TES 00 00
AND THE EAST RICFfT-pF-WAY UNE SOUTii 0 �E INTERSEC110N OF SAID NOR1N LINE
SAID EAST RIGHT_0E-WAY TJNE.AiE NEXT 7yy0 LE2MAY AVIIIUE: THENCE RUNNNG ALONG MINUTES 04
SECONDS EAST. A DISTANCE Of 1742:SB FE�ffT,S' 1) NORTb O1 DECREES SB
TD THE t£FT.TWRpU(R,{ A r �Al ANGLE OF 19 DECREES 532NMAlLTES 3p gVO� TMRVE
A RADIUS OF I030.93 FEET; AN ARC DISTANCE OF 358.0E rrq+ A CHEtp BEARING E*WITH
08 DECREES 00 MINUTES 52 SECONDS WEST, A DISTANCE OFB,ZB f'EET: T}fE pO1NNORTH
T OF
BEGINNING. CCNTAIMNG 1,854,;22 SOUARf rear. OR a256 ACRES, 4ORE OR LESS.
•
TOTAL P.m
ATTACIEWENT2
is
October 5, 2000
Mulberry/Lemay Crossings Annexation
Timeline, Facts & Figures
Timeline
Anticipated DDA Annexation date November, 2000
Construction timeline(phase 1)
Pad site delivered for construction September, 2000
Larimer County Assessor property review January 2001
. Phase 1 construction completed Fall, 2001
Revenue projections
Total Tax increment projection
2001 (payable in 2002) (40%build out, phase 1) $200,000
2002 (payable in 2003) (remaining 60%build out,phase 2) $1,020,800
2003 (payable in 2004) $1,020,800
2004 (payable in 2005) $1,020,800
2005 (payable in 2006) $1,020,800
2006 (half year) $510 400
Total tax increment projection $4,793,600
Total mill levy assessment (4.05 mills) $21,200/yr*
*Upon completed build out of both phases
•
ATTACHMENT 3
0
September 29, 2000
REn���RD
Jay Hardy OCTO s Executive Director 20
Downtown Development Authority
19 Old Town Square,#230 CITY
Fort Collins, CO 80524 ATTORNEY
Dear Mr. Hardy
Thank you for allowing me to respond to the Downtown Development Authority's
question on the potential financial impact to Poudre School District regarding the
Mulberry/L.emay Crossing.
I will not attempt to go into detail with this letter,but suffice it to say that a very complex
State financing formula exists with regard to school funding, and as a result, the proposed
annexation would in no way adversely impact Poudre School District's funding.
Thank you for your consideration of the District, and its needs, as you prepare to present
this annexation proposal to City Council. Please feel free to contact us for any additional
information you may need.
Sincerely,
P�
Don Unger, Ph.D.
Superintendent of Schools
2407 LaPorte Avenue • Fort Collins,CO 80521-2297 • (970)482-7420
ATTACHMENT
RESOLUTION 00-04
OF THE BOARD OF DIRECTORS OF THE FORT COLLINS
DOWNTOWN DEVELOPMENT AUTHORITY
RECOMMENDING APPROVAL OF THE ANNEXATION BY THE
FORT COLLINS CITY COUNCIL OF THE PROPERTY KNOWN AS
"MULBERRY/LEMAY CROSSING" AND THE COMMITMENT OF A
PORTION OF THE ANTICIPATED TAX INCREMENT FROM SAID
PROPERTY FOR PROJECTS WITHIN THE SCOPE OF THE DDA
WHEREAS, the Fort Collins Downtown Development Authority has been duly
organized in accordance with the Colorado Revised Statutes 31-25-804, 1973 as amended;
WHEREAS,the Board of Directors of the Downtown Development Authority has
received a petition, attached hereto and incorporated herein, to annex the property located
at 1250 E.Magnolia into the DDA district;and,
WHEREAS,said annexation conforms with the requirements of Colorado Revised
Statutes 31-25,part 822;and,
WHEREAS, the Board of Directors finds that the addition of this property fits
specific needs of the district.
. NOW,THEREFORE BE IT RESOLVED BY THE FORT COLLINS,
COLORADO DOWNTOWN DEVELOPMENT AUTHORITY BOARD OF
DIRECTORS as follows:
1. That the request to annex into the district in accordance with the attached
petition is approved;
2. That the Board recommends approval of this annexation petition by the
Fort Collins City Council;
3. That a commitment is made, subject to the approval of this annexation, of
up to 60'/0 of tax increment generated by this property for the finding of:
a. Improvements to the Linden StJJefferson Ave, intersection
b. Improvements to Linden Street north of Jefferson Ave.
C. Assist in the funding of a downtown shuttle service, in conjunction
with the City of Fort Collins.
Passed and adopted at a regular meeting of the Board of Directors of the Fort
Collins, Colorado Downtown Development Authority this 5'h day of October,
2
TTE IG✓�� Mary J. n, Cha
io
J n eadors, Secretary
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