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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/02/2004 - SECOND READING OF ORDINANCE NO. 038, 2004, EXPANDI ITEM NUMBER: 17 AGENDA ITEM SUMMARY DATE: March2, 2004 FORT COLLINS CITY COUNCIL STAFF: Chip Steiner SUBJECT Second Reading of Ordinance No. 038, 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 Second Reading. EXECUTIVE SUMMARY This Ordinance, which was adopted 6-0 (Mayor Pro Tern Bertschy was absent) on First Reading on February 17, 2004, expands the boundaries of the Downtown Development Authority (DDA) District to include the Historic Webster House property. ORDINANCE NO. 038, 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 a 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 five previous occasions, amended Ordinance No. 46, 1981,by adopting Ordinances No. 162, 1981,No.2, 1982,No. 2, 1993,No. 199, 1998,and No. 148, 2000 (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 301 East Olive Street,known as the Historic Webster House, which property is described as Lots 8 through 10, Block 143, City of Fort Collins, County of Latimer, State of Colorado; 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 2004-02, 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 Historic Webster House, 301 East Olive Street, 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 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 V=COMB 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;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;THENCEEASTERLYALONGLINE 1-1/2FEETNORTH 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 OF ELM STREET AND SHERWOOD STREET;THENCEEASTERLY ALONG THE NORTH LINE OF BLOCKS 55,45,AND 35 TO THE NORTHEAST CORNER OF BLOCK 35; THENCE NORTHERLY TO THE NORTHWEST CORNER OF BLOCK 26;THENCE EASTERLY ALONG THE NORTH LINE OF BLOCK 26, TO THE CENTERLINE OF COLLEGE 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 OF THE 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 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 I=,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 OFTHE 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 A LONG SAID WESTERLY RIGHT-OF-WAY TO THE SOUTHERLY RIGHT-OF-WAY OF MOUNTAIN AVENUE; 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 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 THE CENTERLINE OF OLIVE STREET,THENCE EAST ALONG THE CENTERLINE TO A POINT OPPOSITE THE EAST LINE OF LOT 8, BLOCK 143, THENCE SOUTH TO THE CENTERLINE OF THE EAST WEST ALLEY IN BLOCK 143,THENCE WEST TO THE CENTERLINE OF MATHEWS STREET, THENCE SOUTH 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 or 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;LOTS 8,9, 10 OF BLOCK 143,AND ALL OF THE NORTHWEST 1/4 OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST, NOT PREVIOUSLY MENTIONED; 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 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 substitute therefor the legal description contained in Section 2 of this Ordinance. Introduced and considered favorably on first reading and ordered published this 17th day of February, A.D. 2004, and to be presented for final passage on the 2nd day�of March, A.D. 2004. ayor ATTEST: City Clerk Passed and adopted on final reading this 2nd day of March, A.D. 2004. Mayor ATTEST: City Clerk ITEM NUMBER: 26 AGENDA ITEM SUMMARY DATE: February 17, 2004 FORT COLLINS CITY COUNCIL STAFF: Chip Steiner SUBJECT First Reading of Ordinance No. 038, 2004, Expanding the Boundaries of the Fort Collins, Colorado Downtown Development Authpnty an4,,AWending tI*-Plan of Development of the Authority. '� � _ �e RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY Adoption of the Ordinance will'expatid Site b6auda#ies`O tltig Do*mown Development Authority (DDA) District. These boun&ries arty=J*ontair d the Or 6nce establishing the District, as t- ,. previously amended and in Qle Plan'ltif Dgwel ment for he DDA. The purpose of the amendment is to include the Hisfoiic Web' er'Hou'se property:'` BACKGROUND By petition, the owners of the property located at 301 East Olive Street have requested inclusion into the DDA District (Attachment 1). The DDA Board of Directors found the petition worthy of its mission to continue its support of cultural facilities in the central business district. yFr Inclusion of the property viEill allo*., the kDx.-.ti1 usel t x increment financing in the redevelopment of the HistoricVcbster 'l�puse to Wddrtronal cilities for the Fort Collins Public Library. The building will also lioYlse a CPA"firm."'"' If City Council determines that this property should be included in the DDA District, it must adopt this 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. February 17, 2004 -2- Item No. 26 The Ordinance contains a finding 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,LyIIAsB D' o]u adopted, February 5, 2004, finding the annexation to m cbb orma it th A Plan of Development and recommending to City Counc for ap va] th inclusio f the Historic Webster House in the DDA District. ry.y. w• Attachment 3 is a map of the proposed boundaries of the DDA District including the addition of the Historic Webster House. .o- ..,,d ,w.ra.a•.�. Jr.'� e s.