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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 04/20/2004 - FIRST READING OF ORDINANCE NO. 067, 2004, EXPANDI ITEM NUMBER: 17 AGENDA ITEM SUMMARY DATE: April 20, 2004 FORT COLLINS CITY COUNCIL STAFF: Chip Steiner SUBJECT First Reading of Ordinance No.067, 2004,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 Ordinance on First Reading. EXECUTIVE SUMMARY 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 In-Situ property located on Lincoln Avenue. BACKGROUND By petition,the owners of the property located at 301 Lincoln Avenue have requested inclusion into the DDA District (Attachment 1). The DDA Board of Directors found the petition worthy of its mission of economic revitalization of the central business district. Inclusion of the property will allow the DDA to use tax increment financing in the development of new headquarters for the firm of In-Situ, Inc. and to bring at least 50 high-quality jobs in the downtown. 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. April 20, 2004 -2- Item No. 17 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. Attachment 2 is a copy of the DDA Board of Directors Resolution adopted March 11,2004,finding the annexation to be in conformance with the DDA Plan of Development and recommending to City Council for approval of the inclusion of the In-Situ property in the DDA District. Attachment 3 is a map of the proposed boundaries of the DDA District including the addition of the In-Situ property. ATTACHMENT PF.Trl1ON FOR INCLUSION OF PROPERTY '111e McKee Brofhcm LLC,a Colorado limited liability company by its rnwwgera,Craig and(:ltristophor McKee petition the Board of rNreetors of the Fad Collin Downtown DevolopumW Authority pum mo to C.ILS,;31-25422,for inclusion of the fnlhnving deseribod property into the Downtown Developroont Authority district boundaries: BtsWMW98 at it point WWoh bears S.t9.57'H. 100.34 feat from the onttorquarw «xaer of Section 12 Township 7 North,Range 69 West of the 0 P.M.,1lttirtca S_ 99s57'E.370 feet theme S,0°14'W.485.00 feet;thence N.99057' W. 170 foot; Omwe S.00014' W. 12.1.67 foA;thence N.70'20'24"W. 163.91 rod thence N. 76949'10"W.46.60 W.thauw N.0114' P.542.00 feet to the point ofbeoming, County of Larimtz,State of Colorado Ala*Wens and cumbered ss:301 Lincoln Avenue,Fort Collins,CO 90524 The utdersilpW state that the subject property is owned by the McKee Broftm LLC. DATED:March K,,2004 OWNER: McKee Brothem LLC a C010*o limilod VlablHly company By: Manager 1 ATTACHMENT 2 RESOLUTION 2004-03 OF THE BOARD OF DIRECTORS OF THE FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY RECOMMENDING TO THE FORT COLLINS CITY COUNCIL THAT THE BOUNDARIES OF THE DOWNTOWN DEVELOPMENT AUTHORITY BE AMENDED TO INCLUDE THE IN-SITU PROPERTY LOCATED AT 301 LINCOLN AVENUE 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,Colorado Revised Statutes 31-25-822, Inclusion of additional pro ertv, allows for the inclusion of additional property subject to satisfactory petition to board of the authority and submittal of same to the governing body of the municipality; and, WHEREAS, the Board of Directors of the Downtown Development Authority has duly considered and found satisfactory a petition submitted to it and signed by all the owners of the In-Situ property at its regularly convened meeting of March 11, 2004. NOW,THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY,that it hereby recommends to the Fort Collins City Council that it approve the annexation of the In-Situ property into the Downtown Development Authority district. Passed and adopted at a regular meeting of the Board of Directors of the Fort Collins, Downtown Development Authority this 11 th day of March, 2004. Kim Jordan, Chair ATTEST• Jas Me rs, Secretary/Treasurer ATTACHMENT 3 11,0 o�: I^ of a l; .Iaim ROR ST ( Im. v IIII LU!'IL; J.I h 't.fl� -1 _. : IIIIVIIi ?i"1;i1' AiI:LI 1�' I L r ji, II:,1 UNTAIN AVE E MOUNTAIN AVE ' l.l I !I : 1 Illtl1 1 ll I III 1 l ; Vi l:, u .- 9T }i J,L..<-' lia! f. tic :l I LilLLll I: fI 111.1, 1 IT: lilt, EM L. { � �U EEMV ��, '}'I - � . •�� I�� .III III �.i l �I`1 I f �h�' �\ 7......, ,,, - I1. 11101 ,� II I 11tILlil .�fu'I C I..1 . I.. : - ' � I I �(I lu f�`�. �. `�". II I II'1 " I •_I _'�I, iII � " I I' T�,, 7yp -{ ItJ�I l` C 1I1 f �5 OV N�RP r�. 1 I 11 L I �rr .L * rh'IIIII fUlll;l� L1LI!ll.nl .'lll(t:�lltllr.l `'IT ?��l_...I''-�-�.. 11llill (j a I Mill I IIIIII 11 F- I II R",;"I ... •, j Downtown Development Authority Area Map N Legend Downtown Development Authority Area �tyo Mrtc, Parcels 0 660 1 320 2 8 Feet ORDINANCE NO. 067, 2004 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 downtown development authority, additional property maybe 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 included 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 six previous occasions, amended Ordinance No. 46, 1981, by adopting Ordinances No. 162, 1981, No. 2, 1982, No. 2, 1993, No. 199, 1998, No. 148, 2000, and No. 038, 2004 (the "Amending Ordinances"); and WHEREAS,none ofthe Amending Ordinances substantially expanded the size ofthe 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 301 Lincoln Avenue,known as the In-Situ property, 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 2004-03, recommended approval of said annexation petition by the City Council. 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 In-Situ property, 301 Lincoln Avenue, 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 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 therefore: LEGAL DESCRIPTION TO BE INSERTED ON 2ND READING Section 3. 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 therefore the legal description contained in Section 2 of this Ordinance. Introduced and considered favorably on first reading and ordered published this 20th day of April, A.D. 2004, and to be presented for final passage on the 4th day of May, A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 4th day of May, A.D. 2004. Mayor ATTEST: City Clerk EXHIBIT "A" PPM ION FOR INCLUSION OF PROPERTY The McKee Brothers,LLC,a Colorado limited liability oompany by its mwmVm,Craig and Christopher McKee petition the Board of Directors of dw Fug Cullhta Downtown DuvolopmaLL Authority purvuard to C.R.S.§31-25422.for inclusion of the following described ptoperty into the Downtown Development Authority district boundaries; 8e0001"1 at a point Which bmv S.W57'H. 100.34 foot front the usnter quarter corner of Section 12,Township 7 North,Range 69 West of the 0 PM.,ON=S. 19057'E.370 Coat,theme S,0°14'W.483.00 feet;thence N.89.57'W. 170 foe; thyme S.00.14' W. 123.67 fan;throes N.70.20'24"W. 163.91 foot Otuncc N. 76.49'10"W.46.60 fort;tlttsuw N.014' P.542.00 feet to the point of begiming, County of Luimcr,State of Colorado Also Baer s and rumbered u: 301 t,tncola Avcmtc,Fog Collins,CO 30524 The und*Mgrwd state tlwt the subject property is owned by the McKee Brothers,LLC. DATED:March 15 2UlN OWNER: McKee Brother,LLC a CO lnno 1mi 3ty company Ay: ,..� Manage' 1