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HomeMy WebLinkAbout141 - 12/18/2012 - AMENDING ORDINANCE NO. 117, 2012, TO CORRECT THE LIST OF PROPERTIES THAT ARE SUBJECT TO THE SPECIAL 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 l(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 I(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. Y--- —_-�-� -- --GROSS DEVELOPABLE TOTAL 7O1'AL PROxIM17Y Lams rCmnty Pmcel N ONNFR ODNIPONENr LANDARE4 I ND AREAL FEESF FEE OFFFE 7ONEA ' 86150.00-007 INTERSTATE LAND HOLDINGS, LLC 645519 1 0 20910 $0,29 %5,2391 $42,620 86220-00-014 VPD392/PRATO, LLC __ _ 186550� 1865501 $0.29 $53,376; $26,688 ZONE B 8 622 2-47-7 01&2 LODGEP Th 578121 57812: $ 21VS $124,230 $62,115 ZONE B-1 1 86150-00-009 B3 VENTURES LLC _ 407,7221 336,499 $0.21 372,210� $36,105 ZONE C 8 615 0-00-005 FOSSIL POINT, LLC _ _ _ 1 _ 1,02U$ : 955,151 $0.12 $113,871' S%936 8622600-014 VPD392/PRATO, LLC _r. 1,041,071 596,5 $0.12 $71,1141 535557 8 622 2-47-7 01 LODGE FOLE INVFSTNHV75, LLC i 244,668; 81,40if $0.12 $9,' $4$52 8 6222-47-7 02 (4L�ODGEPCLE INVESTVENTS, LLC - 903,159' 681,468i $0.12 $81,243, $40,622 8 622 0-00-017 VAN CLEAVE,T62RY/M4RY r 1,6902541 15582171 $0.12 $18J,8021 $90401 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. �'t OF FORT ATTEST: City Clerk Passed and adopted on final reading on the 18th day of December, A.D. 2012. �O�FORT CO<<i •Yayoayor ATTEST: City Clerk ° .O •COLOVk -3-