HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/05/2009 - SECOND READING OF ORDINANCE NO. 038, 2009, EXPANDI ITEM NUMBER: 11
AGENDA ITEM SUMMARY DATE: May 5, 2009
FORT COLLINS CITY COUNCIL STAFF: Matt Robenalt
SUBJECT
Second Reading of Ordinance No. 038, 2009, Expanding the Boundaries of the Downtown
Development Authority and Amending the Plan of Development.
RECOMMENDATION
Staff recommends adoption of this Ordinance on Second Reading.
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EXECUTIVE SUMMARY
Ordinance No. 038, 2009, unanimously adopted on First Reading on April 21, 2009, changes the
boundaries of the Downtown Development Authority (DDA) District and amends the Plan of
Development of the Authority to include properties located in the Lemay/Lincoln Avenue area and
South Howes Street area.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - April 21, 2009.
(w/o original attachments)
ATTACHMENT
ITEM NUMBER: 14
AGENDA ITEM SUMMARY DATE: April 21, Zoos
FORT COLLINS CITY }COUNCIL STAFF: Matt Robenalt
SUBJECT
First Reading of Ordinance No. 038, 2009, Expanding the Boundaries of the Downtown
Development Authority and Amending the Plan of Development.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
The Downtown Development Authority Board of Directors voted unanimously to recommend City
Council inclusion of the properties, as requested by the property owners ("Petitioners"), located in
the Lemay/Lincoln Avenue Area and South Howes Street Area into the DDA boundary area at its
regular meetings on February 121and March 12.;200y resp cove y.
FINANCIAL IMPACT
The petitions are a voluntary request by the property owners, and the Petitioners understand that
upon inclusion into the DDA boundary the Petitioner's property will be subject to an increase of 5
mills to the current area rate of:
• Lemay/Lincoln Avenue Area - 86.49 mills, for a total of 91.49 mills.
• South Howes Street Area - 86.49 mills, for a total of 91.49 mills.
There is no fiscal impact, negative or positive, to the City resulting from the specific action to
include these properties in the DDA boundary. The annual net fiscal impact to the DDA is positive
and will result in new operating revenue from the 5 mill levy. The approximate annual impact to
the DDA is:
• Lemay/Lincoln Avenue Area 42450 1-1
• South Howes Street Area - $859
The DDA Board has made funding commitments to redevelopment projects at the following
locations contingent upon Council approval of expanding the boundaries of the DDA Downtown
Development and Amending the Plan of Development of the Authority:
April 21, 2009 -2- Item No. 14
• 1025 Buckingham;
• Northwest corner of East Lincoln and North Lemay (Fort Collins Brewery);
• 306 West Laurel Avenue
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Tax increment revenues will not be generated unless and/or until taxable improvements are made
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to the aforementioned properties. Upon.submission of this requested Council action, no taxable
improvements have yet been undertaken on_the aforementioned-locations that would result in tax
increment revenues for the DDA.
EXECUTIVE SUMMARY
The petitions for inclusion would change the boundaries of the Downtown Development Authority
(DDA) District and amend the Plan of Development of the Authority to include properties located
in the Lemay/Lincoln Avenue area and South Howes Street area.
BACKGROUND
The petitions for inclusion include tnejfollowing pro, ertiesc
U i It
Lemay/Lincoln Avenue Areal
Mountain View Community Church 1025 Buckingham
Out West properties, LLC (Fort Collins Brewery) Northwest corner of East Lincoln
and North Lemay
GTG Investments (Colorado Iron & Metal) 903 Buckingham
South Howes Street Area
Colorado Delta Association of Sigma Alpha Epsilon 306 West Laurel
Synod of Rocky Mountain United Presbyterian Church 629 South Howes
CSU Research Foundation 601 South Howes
Board of Governors of the CSU System \555 South Howes
Kruger Rentals/Clary Propertied 515 Howes
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Barbara Bailey 509 South Howes
Vernon D. Bailey Family Trust 317 West Mulberry
These petitions are a voluntary request by the land owners,and are authorized under Section 31-25-
822 of the Colorado Revised Statutes,as amended. The criteria for inclusion of additional property
into the DDA boundary area pursuant to Section 31-25-822 have been reviewed by DDA legal
April 21, 2009 -3- Item No. 14
counsel, adjacency to the existing DDA boundary, and evidence of ownership,of the property has
been documented.
This inclusion of property resulting°iny boundary line adjustment will effectively amend the DDA's
Plan of Development. / r( �F12ebrua
The DDA Board of Directors took:action on.F. i and March 12,2009 and recommended the
Council amend the Plan of Development boundary area. The purpose of combining both
recommendations of the DDA Board into a single Agenda Item for Council is intended to use the
time and resources of staff, legal counsel, and the City Council more efficiently.
There are public benefits associated with the proposed inclusion of properties in the Lemay/Lincoln
Avenue Area and South Howes Street Area. The following rationale and benefits were
communicated to the DDA Board by staff:
A. Lemay/Lincoln Avenue Area
The area has challenging issues that need to be addressed to provide public improvements, such as
sidewalks,and appropriate roadway improvements. The DDA can provide the kinds of businesses
establishing here with access to tax increment funds to make the required improvements. This helps
with development viability, especially,for the ty, pe s-of�smaller businesses that are locating in this
area. Additionally, the area is�mostly(zonedlI-Industrial\which has limited design standards
required by the City's Land Use Code. DDA participation ion would give developers incentive to go
above and beyond what is required for architectural design- in the municipal code. DDA
involvement would help to ensure that the area develops at a consistently higher level of design than
would otherwise occur.
The area is gaining momentum as a micro-brewery district with uniquely Fort Collins businesses
that attract visitors from many corners of the U.S. This area is adjacent to the historic downtown .
core and it supports the downtown with complementary businesses and connects to the downtown
via river crossings. Supporting quality design in this area will result in the positive qualities of
downtown being extended across the river, which may eventually facilitate the development and
viability of the Downtown River District and enhanced river crossings, all of which directly benefit
the downtown.
B. South Howes Street Area
There are several reasons that jus tify�,nclusionof-the=South�Howes Street properties in the DDA
district and demonstrate public benefit. 1They include the following:
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• Consistency with stated purpose of:C)omm'unity Commercial-zone district and DDA
objectives
An action by City Council to include the seven Petitioners' requests for inclusion would exactly
mirror a previous Council's decision to establish a shared boundary of both the DDA and
Community Commercial (CC) zone district, as exists a few blocks to the east. There is an existing
shared boundary of the DDA and CC zone district between the north-south alley and parcels located
on the east side of South College Avenue, north of Laurel Avenue.
April 21, 2009 -4- Item No. 14
According to the City Land Use Code, the stated purpose of the CC district is to provide a
combination of retail, offices, services, cultural facilities, civic uses and higher density housing.
Multi-story buildings are encouraged to provide a mix of residential and nonresidential uses.
Offices and dwellings are encouraged-to locate,above-ground=floor-retail and services.
There is consistency between(he stayed purpo�e of he CC zone district containing the subject
properties, and the objectives and_purposes:stated.in'Ithe DDAAPIan of Development.
Among the stated objectives and purposes in the DDA Plan of Development are:
• To prevent fragmentation of the central core by planning for a variety of land parcel sizes
and mixed uses which will foster a balance between small businesses, intermediate-sized
projects and major projects as well as between local owners, regional and national
businesses; and
• To encourage the development of new and rehabilitated buildings for uses as needed to
achieve a balanced mix of products and services within the district; and
• To increase the total housing supply within the District; and
• To promote and support private developments--that is-consistent with the plans and objectives
of the DDA, and the C of Fort Collins.
• Proximity to historic CS&C--a pus
Approval of these petition requests would extend the DDA Boundary to the Colorado State
University campus at the prominent north end of the historic Oval. The connection between the
DDA and CSU campus is an example of the physical connectivity envisioned in the UniverCity
Connections program.
Additionally,the relationship to the CSU campus and any new development that might occur in this
area is very important. New development needs to be complementary of the nearby historic campus
architecture, and of equal or higher quality in terms of design and materials. CSU plans to increase
the student population in the coming years have activated private developer interests in opportunities
to provide new student housing in close proximity to the campus. The area located between the
CSU campus and central business district will very likely receive a considerable amount of
development pressure in response to this increased demand.
DDA investment promot�biliity and goal ty d 1e1 pment
The DDA has the ability to provide=the kinds-Of delr1opmentlencouraged in this area with access
to tax increment funds to make the required improvements,and to help establish economic viability
of development. DDA involvement would also help to ensure that the area develops at a
consistently higher level of design than would otherwise occur by encouraging developers to go
above and beyond what is required for design in the municipal code.
Encouraging high quality development and the financial realities of property investment in certain
areas of the community do not always track on the same trajectory. It is for this reason that public
April 21, 2009 -5- Item No. 14
finance tools, such as tax increment financing, are available for well-reasoned and leveraged
application in the community's redevelopment areas.
ATTACHMENTS Cl n TD'�7\
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1. Resolution 2009-02 of the Board of Directors of the DDA Recommending Inclusion of the
Properties in the Lemay/Lincoln Avenue Area. (Location Map provided as Exhibit E)
2. Resolution 2009-03 of the Board of Directors of the DDA Recommending Inclusion of the
Properties in the South Howes Street Area. (Location Map provided as Exhibit I)
COP VJL
P
ORDINANCE NO. 038, 2009
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
WHEREAS, on April 21, 1981, City Council adopted Ordinance No. 046, 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, pursuant to 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 sought
to the 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,the City Council has,on ten previous occasions,amended Ordinance No. 046,
1981, by the adoption of the following ordinances: Ordinance No. 162, 1981; Ordinance No. 002,
1982;Ordinance No.002, 1993;Ordinance No. 199, 1998;Ordinance No. 148,2000;Ordinance No.
038, 2004; Ordinance No. 067, 2004; Ordinance No. 099, 2005; Ordinance No. 035, 2008; and
Ordinance No. 067, 2008 (the "Amending Ordinances"); and
WHEREAS, the Board of Directors of the Authority (the "Board") has received petitions
from the fee owners of three properties located in the vicinity of Lemay Avenue and Lincoln Avenue
(the"Lemay/Lincoln Area Properties") to include such properties in the boundaries of the District;
and
WHEREAS, the legal descriptions of the Lemay/Lincoln Area Properties and the names of
the fee owners of each such property are set forth on Exhibit"A" attached hereto and incorporated
herein by reference; and
WHEREAS, the Board has determined that the addition of the Lemay/Lincoln Area
Properties would further the objectives and purposes of the District as contained in the Plan of
Development and has, by Resolution 2009-02, recommended approval of said annexation petitions
by the City Council; and
WHEREAS, the Board has also received property owner petitions to include seven other
properties located in the vicinity of Howes Street and Laurel Street(the"Howes/Laurel Street Area
Properties") in the boundaries of the District from the fee owners thereof; and
WHEREAS,the legal descriptions of the Howes/Laurel Street Area Properties and the names
of the fee owners of each such property are set forth on Exhibit"B"attached hereto and incorporated
herein by reference; and
WHEREAS, the Board has determined that the addition of the Howes/Laurel Street Area
Properties would further the objectives and purposes of the District as contained in the Plan of
Development and has, by Resolution 2009-03, recommended approval of said annexation petitions
by the City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby approves the inclusion of the following
properties in 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:
Lot 2, Second Replat of North Lemay Subdivision, Second Filing, a Minor
Subdivision, City of Fort Collins, County of Larimer, State of Colorado
A tract of land located in the Northeast Quarter of Section 12, Township 7 North,
Range 69 West of the 6" Principal Meridian, City of Fort Collins, County of
Latimer, State of Colorado being more particularly described as follows:
Commencing at the East Quarter Comer of Section 12,
thence North 00°00'00' West, 539.88 feet;
thence South 90°00'00" West, 70.00 feet to the POINT OF
BEGINNING;
thence South 89°57'00"West 370.00 feet;thence North 00°00'00"East,748.04 feet;
thence North 90°00'00" East, 355.00 feet; thence along a curve concave to the
Southwest having a central angle of 90°00'00" with a radius of 15.00 feet, an arc
length of 23.56 feet and the chord of which bears South 45°00'00" East 2 t.21 feet;
thence South 00°00'00" West, 732.72 feet to the Point of Beginning.
and
Lots 2 & 3, Fort Collins Brewery, City of Fort Collins, County of Larimer, State of
Colorado
Replat of North Lemay Subdivision,Second Filing,Being Within the Northeast One-
Quarter of Section 12, Township 7 North, Range 69 West of the Sixth Principal
Meridian, County of Larimer, State of Colorado.
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and
Lott,Vanworks Subdivision Second Filing,City of Fort Collins,County of Larimer,
State of Colorado, described as:
A part of Section 12,Township 7 North, Range 69 West of the 61h P.M., City of Fort
Collins, Larimer County, Colorado, more particularly described as follows: Lot 1,
Vanworks Subdivision Second Filing, described as follows: Beginning at the
Northeast comer of Lot 1, Vanworks Subdivision Second Filing; thence run South
00°00'00"West along the east line of said Lot 1 for a distance of 528.37 feet; thence
run North 89°58'44" West for a distance of 290.31 feet to the west line of said Lot
1; thence run North 00°43'34" East along said west line for a distance of 96.21 feet;
thence run North 90°00'00" East along said west line for a distance of 243.53 feet;
thence run North 00°00'00" East along said west line for a distance of 432.07 feet
to the Northwest corner of said Lot 1; thence run South 90°00'00" East along the
north line of said Lot 1 for a distance of 45.56 feet to the Point of Beginning.
Contains 47,572 square feet, more or less, and subject to all easements and rights of
way of record.
and
Lot 2,Vanworks Subdivision Second Filing,City of Fort Collins,County of Larimer,
State of Colorado. Contains 103,850 square feet, more or less, and subject to all
easements and rights of way of record.
and
Lot 3, Vanworks Subdivision Second Filing, City of Fort Collins, Latimer
County, Colorado.
Except a part of Section 12, Township 7 North, Range 69 West of the 6`h P.M.,
City of Fort Collins, Larimer County, Colorado, more particularly described as
follows:
COMMENCING at the Northeast corner of said Lot 3, thence South 00°46'00"
West a distance of 378.22 feet along the east line of Lot 3 to the POINT OF
BEGINNING;
- thence South 00°46'00" West a distance of 250.10 feet;
- thence North 89°58'42" West a distance of 185.26 feet;
- thence North 00°00'00" East a distance of 268.86 feet;
- thence South 47°03'00" East a distance of 49.39 feet;
- thence South 60°40'00" East a distance of 173.90 feet to the POINT OF
BEGINNING. Altogether including 61,832 square feet, more or less and subject
to all easements and rights of way of record
and
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Lot 4,Block 95, Harrison,City of Fort Collins,County of Larimer,State of Colorado
and
North one-half of Lot 3,Block 95,Harrison,City of Fort Collins,County of Larimer,
State of Colorado
and
South one-half of Lot 3,Block 95,Harrison,City of Fort Collins,County of Larimer,
State of Colorado
and
Lot 6, Block 95, City of Fort Collins, County of Larimer, State of Colorado
and
North one-half of Lot 3,all of Lots 4 through 6,the South one-half of Lot 9, and the
North one-half of Lot 10, Block 96, Harrison's Addition, City of Fort Collins,
County of Larimer, State of Colorado
and
North one-half of Lot 2 and the South one-half of Lot 3, Block 96, Harrison, City of
Fort Collins, County of Larimer, State of Colorado
and
Lots 1, 7 and the South one-half of Lot 2, Block 96, Harrison, City of Fort Collins,
County of Larimer, State of Colorado.
Section 2. That Section 3 of Ordinance No. 046, 1981 (as amended by the Amending
Ordinances) is hereby 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 THE INTERSECTION OF COLLEGE
AVENUE AND LAUREL STREET; THENCE WESTERLY TO THE
INTERSECTION OF THE CENTERLINE OF LAUREL STREET AND THE
CENTERLINE OF THE ALLEY IN BLOCK 116 HARRISON'S ADDITION
EXTENDED; THENCE NORTHERLY ALONG THE CENTERLINE OF THE
ALLEY IN BLOCK 116 AND ITS NORTHERLY EXTENSION THROUGH
BLOCK 115 HARRISON'S ADDITION, TO THE CENTER OF MULBERRY
STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE
INTERSECTION OF MULBERRY STREET AND HOWES STREET; THENCE
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SOUTHERLY ALONG THE CENTERLINE OF HOWES STREET TO THE
CENTERLINE OF LAUREL STREET; THENCE WESTERLY ALONG THE
CENTERLINE OF LAUREL STREET TO THE SOUTHERLY EXTENSION OF
THE CENTERLINE OF THE NORTH SOUTH ALLEY IN BLOCKS 96 AND 95
HARRISON'S ADDITION; THENCE NORTHERLY ALONG THE SAID
EXTENSION AND ALONG THE SAID CENTERLINE TO THE CENTERLINE
OF MULBERRY STREET; THENCE EASTERLY ALONG THE CENTERLINE
OF MULBERRY STREET TO THE CENTERLINE OF 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;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 THE SAID 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 OF ELM STREET AND SHERWOOD STREET; THENCE
EASTERLY ALONG THE NORTH LINE OF BLOCKS 55,45, AND 35 TO THE
NORTHEAST CORNER OF BLOCK 35; THENCE NORTHERLY TO THE
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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 A POINT ON THE EAST LINE OF THE WEST 1/2 OF SECTION 12;
THENCE NORTHERLY TO THE NORTH 1/4 CORNER OF SECTION 12,T7N,
R69W OF THE SIXTH P.M.; THENCE(CONSIDERING THE SOUTH LINE OF
THE SOUTHEAST 1/4 OF SECTION 1 TOWNSHIP 7 NORTH RANGE 69 WEST
AS BEARING S89058'19"E AND WITH THE FOLLOWING BEARINGS
CONTAINED HEREIN RELATIVE THERETO) SOUTHERLY ALONG THE
EAST LINE OF THE WEST 1/2 OF SAID SECTION 12,S00007'56"W 46.77 FEET
TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF EAST
VINE DRIVE; THENCE ALONG SAID EXISTING NORTH RIGHT-OF-WAY-
LINE, N88018'14"E 602.54 FEET TO THE SOUTHEAST CORNER OF LOT 1,
LARIMER COUNTY SHOPS MINOR SUBDIVISION; THENCE ALONG THE
EASTERLY LINE OF SAID LARIMER COUNTY SHOPS MINOR
SUBDIVISION, N01016'55"W 208.11 FEET, AND AGAIN S85023'42"W 65.98
FEET,AND AGAIN N55034'00"W 253.90 FEET,AND AGAIN N18051'00"E 34.17
FEET,AND AGAIN N73033'44"E 105.85 FEET,AND AGAIN N 12°50'18"E 71.56
FEET,AND AGAIN N 10020'00"W 42.66 FEET,AND AGAIN N41°50'00"W 84.01
FEET, AND AGAIN N51015'00"W 193.28 FEET, AND AGAIN N67026'23"W
74.87 FEET;THENCE NI8°50'30"E 108.60 FEET;THENCE N89°59'1YE 1484.20
FEET TO A POINT ON THE WEST LINE OF ALTA VISTA SUBDIVISION;
THENCE ALONG SAID WEST LINE, S00°00'00"E 533.86 FEET TO THE
SOUTHWEST CORNER OF SAID ALTA VISTA SUBDIVISION; THENCE
ALONG THE SOUTH LINE OF SAID ALTA VISTA SUBDIVISION,
N86047'41"E 140.22 FEET,AND AGAIN N80004'26"E 40.61 FEET,AND AGAIN
N87042'34"E 125.10 FEET,AND AGAIN N70002'35"E 120.45 FEET TO A POINT
ON THE EXISTING WESTERLY RIGHT-OF-WAY OF ALTA VISTA STREET
AS RECORDED IN THE LARIMER COUNTY RECORDS IN BOOK 2024 AT
PAGE 845; THENCE ALONG SAID EXISTING WESTERLY RIGHT-OF-WAY
LINE, S67039'55"E 180.15 FEET, AND AGAIN S00001'55"E 244.97 FEET TO A
POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF EAST VINE
DRIVE; THENCE ALONG SAID EXISTING NORTH RIGHT-OF-WAY LINE,
N880 18'14"E 341.16 FEET TO A POINT ON THE EXISTING WEST RIGHT-OF-
WAY LINE OF NORTH LEMAY AVENUE;THENCE ALONG SAID EXISTING
WEST RIGHT-OF-WAY LINE,S00°O1'59"E 581.65 FEET TO THE SOUTHEAST
CORNER OF TRACT A, EAST VINE STREETS FACILITY P.U.D.; THENCE
ALONG THE SOUTH LINE OF SAID EAST VINE STREETS FACILITY P.U.D.,
S88018'24"W 20.03 FEET TO THE NORTHEAST CORNER OF LOT 2, NEW
BELGIUM BREWERY THIRD FILING;THENCE ALONG THE EAST LINE OF
SAID LOT 2, S00001'59"E 805.42 FEET TO A POINT ON THE EXISTING
SOUTH RIGHT-OF-WAY LINE OF BUCKINGHAM STREET;THENCE ALONG
THE SOUTH RIGHT OF WAY TO THE EAST LINE OF LOT 2 OF THE
SECOND REPLAT OF NORTH LEMAY SUBDIVISION SECOND FILING;
THENCE SOUTHERLY ALONG THE SAID EAST LINE,TO THE SOUTH LINE
OF THE SAID LOT 2; THENCE WESTERLY ALONG THE SOUTH LINE OF
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THE SAID LOT 2 TO THE WEST LINE OF THE SAID LOT 2; THENCE
NORTHERLY ALONG THE SAID WEST LINE TO THE SAID SOUTH RIGHT
OF WAY OF BUCKINGHAM STREET,-
THENCE WESTERLY ALONG THE SAID SOUTH RIGHT OF WAY TO THE
EAST LINE OF THE PLAT OF VANWORKS SUBDIVISION SECOND FILING;
THENCE SOUTHERLY ALONG THE SAID EAST LINE TO THE SOUTHERLY
LINE OF THE SAID VANWORKS SUBDIVISION SECOND FILING;THENCE
WESTERLY AND NORTHERLY ALONG THE SAID SOUTHERLY LINE OF
THE VANWORKS SUBDIVISION SECOND FILING TO THE WEST LINE OF
THE SAID SUBDIVISION; THENCE NORTHERLY ALONG THE SAID WEST
LINE AND ITS EXTENSION, TO THE NORTHEAST CORNER OF LOT 23,
REPLAT OF NORTH LEMAY SUBDIVISION, SECOND FILING; THENCE
ALONG THE NORTH LINE OF SAID LOT 23,TO THE NORTHWEST CORNER
OF SAID LOT 23; THENCE SOUTHEASTERLY ALONG THE
SOUTHWESTERLY LINE OF SAID LOT 23 AND ALONG THE
SOUTHWESTERLY LINE OF LOT 3, VANWORKS SUBDIVISION SECOND
FILING TO THE WEST LINE OF THE SAID VANWORKS SUBDIVISION
SECOND FILING; THENCE SOUTHERLY ALONG THE SAID WEST LINE
AND ITS SOUTHERLY EXTENSION,TO THE NORTHEAST CORNEROF LOT
2, PATRICK SUBDIVISION FIRST FILING; THENCE ALONG THE NORTH
LINE OF THE SAID LOT 2 AND ITS WESTERLY EXTENSION, TO A POINT
ON THE EXISTING EAST RIGHT-OF-WAY LINE OF THIRD STREET;
THENCE NORTHERLY ALONG SAID EXISTING EAST RIGHT-OF-WAY
LINE, TO A POINT ON THE EXISTING SOUTH RIGHT-OF-WAY LINE OF
BUCKINGHAM STREET;THENCE WESTERLY ALONG THE SAID EXISTING
SOUTH RIGHT-OF-WAY LINE TO A POINT ON THE EAST LINE OF THE
WEST 1/2 OF SAID SECTION 12;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 SOUTHWEST CORNER OF LOT 2,
ODELL BREWING COMPANY SUBDIVISION; THENCE NORTHERLY
ALONG THE WEST LINE OF SAID LOT 2, TO THE NORTHWEST CORNER
OF THE SAID LOT 2;THENCE ALONG THE NORTH LINE OF THE SAID LOT
2 AND ALONG THE NORTH LINE OF LOT 1, ODELL BREWING COMPANY
SUBDIVISION, EASTERLY TO THE NORTHEAST CORNER OF THE SAID
LOT 1;THENCE ALONG THE EAST LINE OF THE SAID LOT 1,SOUTHERLY
TO THE SOUTHEAST CORNER OF THE SAID LOT I AND TO THE SAID
NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE
CONTINUING ALONG THE SAID NORTH RIGHT OF WAY OF EAST
LINCOLN AVENUE, EASTERLY TO THE WEST LINE OF LOT 2 OF THE-
REPLAT OF NORTH LEMAY SUBDIVISION SECOND FILING; THENCE
NORTHERLY ALONG THE SAID WEST LINE TO THE NORTH LINE OF THE
SAID LOT 2;THENCE EASTERLY ALONG THE NORTH LINE OF LOT 2 AND
ALONG THE NORTH LINE OF LOT 3 OF THE REPLAT OF NORTH LEMAY
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SUBDIVISION TO THE WESTERLY RIGHT OF WAY OF LEMAY AVENUE;
THENCE SOUTHERLY ALONG THE SAID WESTERLY RIGHT OF WAY TO
THE SAID NORTHERLY RIGHT OF WAY OF EAST LINCOLN AVENUE;
THENCE EASTERLY ALONG THE SAID NORTH RIGHT OF WAY 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 SOUTH WEST QUARTER OF SAID
SECTION 7 TOWNSHIP 7 NORTH RANGE 69 WEST, AS BEARING NORTH
00 DEGREES 34 MINUTES 55 SECONDS EASTAND WITHTHE FOLLOWING
BEARINGS CONTAINED HEREIN RELATIVE THERETO),RUNNING ALONG
THE SOUTH LINE OF SAID BUFFALO RUN APARTMENTS P.U.D. THE
NEXT FIVE (5) COURSES: l) NORTH 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; THENCE
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, A
CHORD 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
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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 EAST LINE
OF THE PLAT OF IN-SITU SUBDIVISION AS RECORDED FEBRUARY 6,2004
AT RECEPTION NO. 20040011665 RECORDS OF THE CLERK AND
RECORDER OF LARIMER COUNTY; THENCE ALONG THE EAST LINE OF
THE SAID IN-SITU SUBDIVISION SOUTHERLY, WESTERLY AND
SOUTHERLY TO THE SOUTH LINE OF THE SAID IN-SITU SUBDIVISION;
THENCE ALONG THE SOUTH LINE OF THE SAID IN-SITU SUBDIVISION
TO THE WEST LINE OF THE SAID IN-SITU SUBDIVISION;THENCE ALONG
THE SAID WEST LINE OF THE IN-SITU SUBDIVISION, NORTHERLY TO
THE SAID SOUTH RIGHT OF WAY OF EAST LINCOLN AVENUE; THENCE
ALONG THE SAID SOUTH RIGHT OF WAY, WESTERLY TO THE
SOUTHWESTERLY BANK OF THE CACHE LA POUDRE RIVER; THENCE
ALONG THE SAID SOUTHWESTERLY BANK OF THE RIVER,
SOUTHEASTERLY TO THE INTERSECTION WITH THE SAID EAST LINE OF
WEST 1/2 OF SECTION 12;THENCE ALONG THE SAID EAST LINE OF THE
WEST 1/2 OF SECTION 12, SOUTHERLY TO THE NORTHERLY RIGHT-OF-
WAY OF RIVERSIDE AVENUE AS ORIGINALLY PLATTED; THENCE
SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY, 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 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,AND ITS SOUTHERLY
EXTENSION, TO THE SOUTH RIGHT OF WAY OF EAST OAK STREET;
THENCE EASTERLY ALONG THE SAID SOUTH RIGHT OF WAY TO THE
WEST RIGHT OF WAY OF PETERSON STREET; THENCE SOUTHERLY
ALONG THE SAID WEST RIGHT OF WAY TO THE NORTH RIGHT OF WAY
OF EAST OLIVE STREET;THENCE WESTERLY ALONG THE SAID NORTH
RIGHT OF WAY TO THE EAST RIGHT OF WAY OF MATHEWS STREET;
THENCE NORTHERLY ALONG THE SAID EAST RIGHT OF WAY TO THE
CENTERLINE OF EAST OAK STREET; THENCE WESTERLY ALONG THE
CENTERLINE OF OAK STREET TO THE INTERSECTION OF SAID
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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
REM[NGTON 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.
REVISED MARCH 27, 2009
Section 3. That the Plan of Development is hereby amended by the City 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 2 of this
Ordinance.
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Introduced, considered favorably on first reading, and ordered published this 21st day of
April, A.D. 2009, and to be presented for final passage on the 5t ay, f May, A.D. 2009.
r
Mayor '
ATTEST:
City Clerk
Passed and adopted on final reading on the 5th day of May, A.D. 2009.
Mayor
ATTEST:
City Clerk
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