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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 12/04/2012 - FIRST READING OF ORDINANCE NO. 141, 2012, AMENDINGDATE: December 4, 2012 STAFF: Rick Richter Steve Roy AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 16 SUBJECT First Reading of Ordinance No. 141, 2012, Amending Ordinance No. 117, 2012, to Correct the List of Properties That Are Subject to the Special Fee Imposed by Said Ordinance. EXECUTIVE SUMMARY This Ordinance amends Ordinance No. 117, 2012, adopted on Second Reading on November 6, 2012, that established a special fee to be paid by the owners of property within close proximity to the reconstructed interchange at the intersection of Interstate 25 and State Highway 392. The spreadsheet mistakenly included a parcel of property in Zone A that is actually located within the Town of Windsor. This property should not have been shown as being subject to the Fort Collins Fee Ordinance. This Ordinance removes that parcel of property and slightly adjusts the area of the property owned by Terry and Mary Van Cleave to more accurately reflect the actual property size. BACKGROUND / DISCUSSION City Council and the Windsor Town Board held five joint work sessions to discuss the I-25 and State Highway 392 Interchange Improvements, System Level Study (1601 Process), and design. The System Level Study for this interchange was approved by the CDOT Transportation Commission on January 21, 2009. This approval, along with a signed IGA, has allowed the Project to move into the final design phase. The accelerated design process for this Project was completed in January 2010. The accelerated design process made this Project “shovel ready,” thereby enhancing the possibility of obtaining funding for construction. The design followed the intent of the guiding principles adopted by the City Council and the Town Board in August 2008, specifically the community character guiding principle that states: “The I-25/392 Interchange is an important ‘gateway’ feature for both Fort Collins and Windsor. It is viewed as Fort Collins’ southern gateway and the main gateway into the Town of Windsor. The design of the Interchange, sensitivity to view sheds and associated land development, shall enhance the gateway concept.” On November 6, 2012, the City Council adopted on Second Reading Ordinance No. 117, 2012, establishing a special fee to be paid by the owners of certain properties located west of Interstate 25 and within close proximity to the reconstructed interchange at the intersection of Interstate 25 and State Highway 392. On November 13, 2012, the Town Board of Windsor, Colorado, adopted a similar ordinance establishing a special fee to be paid by certain properties located east of the Interchange and within the Windsor town limits. The Fort Collins fee ordinance contains a spreadsheet in Section 1(c)(1)a, that identifies the parcels of property that will be subject to the “proximity component” of the Fort Collins fee. The spreadsheet mistakenly includes a parcel of property in Zone A that is located within the Town of Windsor and that should not have been shown as being subject to the Fort Collins Fee Ordinance. This property is known as Larimer County Parcel No. 86150-00-013, and is owned by Burnette/Young Investments. The purpose of this Ordinance is to correct the above referenced spreadsheet by eliminating that parcel of property from the Fort Collins fee spreadsheet. FINANCIAL / ECONOMIC IMPACTS This action will allow for the payment of the Special Fee for the parcel in question to correctly be paid to Windsor instead of Fort Collins. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. December 4, 2012 -2- ITEM 16 PUBLIC OUTREACH The impacted property owners have been notified of the intention to correct this error and they had no objection. ORDINANCE NO. 141, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ORDINANCE NO. 117, 2012, TO CORRECT THE LIST OF PROPERTIES THAT ARE SUBJECT TO THE SPECIAL FEE IMPOSED BY SAID ORDINANCE WHEREAS, on November 6, 2012, the City Council adopted on second reading Ordinance No. 117, 2012, (the “Fort Collins Fee Ordinance”) establishing a special fee (the “Fort Collins Fee”) to be paid by the owners of certain properties located west of Interstate 25 and within close proximity to the reconstructed interchange at the intersection of Interstate 25 and State Highway 392 (the “Interchange”); and WHEREAS, on November 13, 2012, the Town Board of Windsor, Colorado, adopted an ordinance similar to Ordinance No. 117, 2012, establishing a special fee to be paid by certain additional properties located east of the Interchange and within the Windsor town limits; and WHEREAS, the Fort Collins Fee Ordinance contains, in Section 1(c)(1)a thereof, a spreadsheet that identifies the parcels of property that will be subject to the “proximity component” of the Fort Collins Fee; and WHEREAS, the spreadsheet mistakenly includes in Zone A thereof a parcel of property that is located within the Town of Windsor and that should not have been shown as being subject to the Fort Collins Fee Ordinance; and WHEREAS, said parcel is known as Larimer County Parcel No. 86150-00-013 and is owned by Burnette/Young Investments; and WHEREAS, the purpose of this Ordinance is to correct the above referenced spreadsheet by eliminating Larimer County Parcel No. 86150-00-013 from the Fort Collins Fee Ordinance; and WHEREAS, the foregoing spreadsheet also needs to be revised to reduce the Developable Land Area of the parcel owned by Terry and Mary Van Cleave so as to better reflect the actual developable square footage of said parcel. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 1(c)(1)a of Ordinance No. 117, 2012, is hereby amended by substituting the following spreadsheet for the spreadsheet currently contained in said ordinance, so that Section 1(c)(1)a reads in its entirety as follows: Section 1. Special fee. . . . (c) Imposition of the fee. (1) There is hereby established a special fee that shall be imposed pursuant to the provisions of this Ordinance upon the owners of all CAC Properties. Said fee shall consist of a Proximity Component and a Trip Generation Component. The Proximity Component of the fee is intended to reflect the relative benefit derived by each CAC Property from the construction of the Improvements, as determined by the Foster Study, while the Trip Generation Component of the fee is intended to reflect the relative traffic impacts of each CAC Property. a. The Proximity Component of the fee for all Developed and Undeveloped Properties shall be in the amounts shown in the following spreadsheet except to the extent that: (i) the City Manager or the Financial Officer adjusts the amount due for a particular CAC Property pursuant to an appeal taken under subsection (f) of this Section 1; or (ii) the City Manager, upon recommendation of the Financial Officer, increases or decreases the amount due for a particular CAC Property to more accurately reflect the developable square footage of such parcel, and so notifies the affected Property Owner in writing no less than thirty (30) days prior to the date that the first installment of the Proximity Component is due under subsection (d) of this Section 1. These amounts represent each CAC Property’s proportionate share of the sum of One Million Two Hundred Thousand Seventy-five Dollars ($1,275,000.00), which is one-half of the Property Owners’ share of the Local Contribution. . . . Section 2. That in all other respects Ordinance No. 117, 2012, shall remain in full force and effect. -2- Introduced, considered favorably on first reading, and ordered published this 4th day of December, A.D. 2012, and to be presented for final passage on the 18th day of December, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 18th day of December, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3-